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  1. #1
    Join Date
    Dec 2009
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    1

    Default Speeding in a Work Zone

    My question involves a speeding ticket from the State of Arkansas. I was traveling home one night from Little Rock, AR at 12:05 when I was stopped abruptly by a state police officer who proceeded to cite me with a speeding ticket. I admit that I was speeding thought not greatly from the normal speed law in the area. There was a construction zone on I/30 and as it was late at night and there were no other cars in the area along with no workers present I maintained my speed through the zone. The cop pulled me over 12 miles away from the speed zone. I was just going to pay the ticket since I was speeding a bit but I called and found out that the ticket was $200. I asked why it was so high and they told me because I was in a Work zone. I have always been under the impression that workers must be present for the ticket to double or even have a penalty. I've looked around on the internet best I can and everything I see for Arkansas law says that this is true. And there were clearly no workers present on the midnight of a friday. I'm a poor college kid who could have barely paid what was thought to be a $100 ticket, much less a $200. My question is, what do I do? One website I saw implied that the ticket may even be void able since no workers were present when I was cited. Is that true? Should I show up at the court date on the ticket and tell the judge all these things and try to get him to knock the price down some? One of my friends was able to get out of a $130 ticket and had to only pay $30 for a defensive driving lesson and 3 months probation. Could I try for that? I'm not very law savvy and need to find the cheapest option. Thank you for your help

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Speeding in a Work Zone

    You were cited under the following statute?
    Quote Quoting Arkansas Code, Sec. 27-50-408. Fines for moving traffic violations in a highway work zone.
    (a) As used in this section, unless the context otherwise requires:

    (1) "Construction personnel" means employees of the Arkansas State Highway and Transportation Department or the counties or the municipalities of this state or any contractors of the State Highway Commission or the counties or municipalities;

    (2) "Conviction" means a person who is charged with a violation of law and who pleads guilty or nolo contendere, is found guilty, or forfeits a bond in lieu of a plea or trial;

    (3) "Department" means the Arkansas State Highway and Transportation Department; and

    (4) "Highway work zone" means any area upon or adjacent to any highway, road, or street of this state where construction, reconstruction, maintenance, or any other type of work is being performed or is in progress by employees of the Arkansas State Highway and Transportation Department, the counties or the municipalities of this state, or any contractors of the State Highway Commission or the counties or municipalities.

    (b)
    (1)
    (A)
    (i) In addition to the fine otherwise provided by law, after the conviction of any person for any moving traffic violation committed while the person is driving through a highway work zone in this state and if construction personnel were present in the highway work zone when the offense occurred, the trial judge shall assess an additional fine equivalent to the fine imposed by law upon that person for committing a moving traffic violation in the highway work zone.

    (ii) Equivalent additional court costs pursuant to 16-10-305 shall not be assessed.

    (B) Any bond posted pursuant to a charge of committing any moving traffic violation while in a highway work zone in this state shall include the additional equivalent fine in the amount of the bond otherwise required.

    (2)
    (A) All fines collected by the county or city official, agency, or department designated pursuant to 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts, district courts, or city courts of this state as a result of this section shall be paid by the collecting official to the county treasurer or town or city treasurer pursuant to law.

    (B) All such amounts collected in circuit court shall be remitted to the county treasurer.

    (C) All amounts collected pursuant to subdivision (b)(2)(A) of this section in district court shall be paid to the county or city treasurer pursuant to 16-17-707.

    (D) All amounts collected pursuant to subdivision (b)(2)(A) of this section in city court shall be paid to the treasurer of the town or city in which the city court is located.

    (E) Amounts received by the county treasurer may be used for general county purposes, and amounts received by the city treasurer may be used for general city purposes.

    (c)
    (1) The additional fines and penalties shall not be assessed unless signs, either permanent or temporary, were present at the time of the violation in advance of the highway work zone warning the traveling public that fines are double in highway work zones.

    (2) The signs shall be located no greater than one (1) mile nor less than one thousand five hundred feet (1,500') in advance of the highway work zone.

    (3) Furthermore, the additional fines or penalties for speeding shall not be assessed unless signs, either permanent or temporary, are posted in advance of the highway work zone indicating the maximum speed limit to be obeyed while traveling through the highway work zone.

    (4)
    (A) All signs authorized by this section shall conform with the Manual on Uniform Traffic Control Devices.

    (B) The counties and municipalities, prior to utilizing any such signs, shall seek the advice of the Arkansas State Highway and Transportation Department in order that the signs shall be uniform throughout the state.

    (C) The Arkansas State Highway and Transportation Department is authorized to develop guidelines for the counties and municipalities to achieve uniformity.

    (d) Nothing contained in this section shall be construed to abrogate any of the provisions of 12-8-106 regarding the powers of the Department of Arkansas State Police.

    (e) For purposes of this section, "moving traffic violation" shall include, but not be limited to:

    (1) Careless or prohibited driving;

    (2) Driving while intoxicated;

    (3) Underage driving under the influence;

    (4) Refusal to submit;

    (5) Leaving the scene of an accident;

    (6) Driving with lights off;

    (7) Driving on an expired, suspended, or revoked license;

    (8) Improper use of lighting equipment;

    (9) Failure to obey traffic control devices and signs;

    (10) Failure to operate a vehicle in accordance with the rules of the road;

    (11) Failure to stop and render aid;

    (12) Following too closely;

    (13) Driving the wrong way on a one-way street;

    (14) Hazardous driving;

    (15) Impeding the flow of traffic;

    (16) Improper backing;

    (17) Improper lane change;

    (18) Improper entrance or exit to avoid an intersection;

    (19) Improper towing;

    (20) Improper turning;

    (21) Passing a stopped school bus;

    (22) Racing on the highway;

    (23) Reckless driving; and

    (24) Exceeding the speed limit.

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