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Thelawman2, Lawyer
Category: Traffic Law
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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I received a ticket in Madison county, Alabama.

Customer Question

I received a ticket in Madison county, Alabama. Speed-workers present-Constr. I was the last car in a line of cars and saw the Officer approaching, I was a car length or so behind the car in front of me, no car was behind me and had no concerns that I was speeding. There was 5 to 6 cars in front of me that I was following and never even looked at my speedometer. As soon as the Officer passed me he u-turned in the middle of the road, no cars behind me so he was able to do it immediately, I couldn't believe he was after me, well he got behind me and I pulled over, he came to the window and asked did I know why he pulled me over, I said no. He said he got me going 51 mph in a 40 mph zone. I said okay and provided proof of insurance, etc. He took my documents and when he came back he said I'm ticketing you also for workers present, I wanted to question that because I saw no workers present within our sight or location of the traffic stop. I have no previous traffic violations. Suggestions?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Thelawman2 replied 2 years ago.

This is the statute in Alabama which governs speeding in a construction zone:

Alabama Code - Section 32-5A-176.1: SPEED LIMITS IN CONSTRUCTION ZONES

(a) The State Department of Transportation may set the speed limits in urban and rural construction zones along state and interstate highways and the county commission of a county may set the speed limits in urban and rural construction zones along county roads or highways. The construction zone speed limits shall be posted on the department's standard size speed limit signs at least one hundred feet in advance of the entrance to a construction zone. Law enforcement authorities shall enforce construction zone speed limits. Upon conviction of a construction zone speed violation, the operator of the motor vehicle shall be assessed a fine of double the amount prescribed by law outside a construction zone. The fine shall only be doubled for construction zone violations if construction personnel are present and that fact is indicated by appropriate signs. The signs, placed at the entrance of the construction zone, shall warn of the doubled fines for speeding within a construction zone. The signs shall also state that the doubled fines are applicable only when construction personnel are present.

So the fine should only be doubled if construction personnel are actually present. What you should do is try to find the construction company that is working at the site, tell them the time you were pulled over and get evidence from them as to whether or not someone was present and working at the construction site during that time.

I hope this has been helpful. If so, please provide positive feedback!