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Kaitlyn

GOING REGULAR SPEED LIMIT IN CONSTRUCTION ZONE WHEN LIGHTS WEREN'T FLASHING AND GOT TICKET

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I was traveling in a construction zone going 60 which is the regular speed when the "when flashing" 55 sign wasn't on. I was going with the flow of traffic and at the very end of the zone there was one sign flashing so I slowed down to 55 but the cop radar got me way before the next flashing sign. So after I was already going 55 for a bit he pulled me over after I got out of the Zone. There was no construction workers present. Is there anything else I can ask besides radar gun verification, proof of workers in the area of that time and if the cop was certified to use the radar gun? I already pleaded not guilty and I need a good defense.

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You can try to present 'Going with the flow' and 'no construction workers present' but these probably won't help much if at all.

 

the courts pretty typically won't accept 'Going with the flow' as an excuse for speeding. Yes, in the real world that's how people drive, but for purposes of speeding tickets, it generally doesn't count.

 

If the signs were flashing, then the limit was 55 whether or not the construction workers were visible to you at the time.

 

Challenging the radar gun and the reading and the certification may be your best bet. 

I'm a little unclear from your description about the flashing signs -- if what you're saying is that they only started flashing after you entered the construction zone, then you can point that out too, although once the signs do start flashing then you do have to slow down, and then it becomes a question of how fast you were actually going and how quickly you dropped to the required speed.

 

Other than that: hope that the police officer doesn't appear in court that day.

 

If you really were only going 5 mph over the limit (even in a construction zone), and if nothing else bad happened other than the speeding (i.e., no collisions, etc.), and if your driving record is fairly clean before this incident, then the judge is likely to be lenient.  That said, if you have a lot of other tickets on your record, or if the evidence indicates you were going a lot faster than 5 mph over, you could have some more significant consequences.

 

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