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In regards to a work zone on a highway, what factors does it…

Customer Question
In regards ***** *****...

In regards ***** ***** work zone on a highway, what factors does it take for that area to be classified as a work zone?

Lawyer's Assistant: What state was the citation in? And have you consulted a local attorney?

Texas and no I haven't spoke to an attorney

Lawyer's Assistant: Do you need to appear in court?

Possibly. trying to decide if i need to appear in court and try to fight the ticket

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just trying to understand if it was legally a work zone. Apparently there was a sign stating that a work zone started but there were no cones, barrels, barricades or workers and it was 8:30 pm. So my question is does this still classify as a work zone?

Submitted: 8 months ago.Category: Traffic Law
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Answered in 5 minutes by:
9/20/2017
Traffic Lawyer: KLAW, Lawyer replied 8 months ago
KLAW
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Traffic Lawyer: KLAW, Lawyer replied 8 months ago
Under the Texas Transportation Code Section 472.022 it defines what is a “construction zone”“Construction or maintenance work zone” means a portion of a highway or street: (A) where highway construction or maintenance is being undertaken, other than mobile operations as defined by the Texas Manual on Uniform Traffic Control Devices; and (B) that is marked by signs: (i) indicating that it is a construction or maintenance work zone; (ii) indicating where the zone begins and ends; and (iii) stating: “Fines double when workers present.”
All of these elements must be met in order to prove a valid construction zone existed by the prosecution.However, what is not required to be proven in order to establish a valid construction zone is that the workers were in the line of sight of the driver. The prosecution only need prove that maintenance was being undertaken anywhere throughout the zone. For example, if you are pulled over for speeding in a construction zone and witness no workers in your area, that does not mean that you have not violated the law as written. Those workers need only be in the zone in any area whether near or far from the actual speeding violation.As in your case it is a defense that there were no workers and it was after hours. Tickets are challenged and defeated in construction zones when it has been proven by a city manager that at the time of the offense, no workers were to be in the zone because it was after hours, or they were to report to another work area.To fight the ticket pro-se by yourself, check the time of the ticket and call the city’s maintenance manager. Verify the work that was being done as well as the time the job was to start and finish. Also, take pictures of the signs in the beginning of the zone and at the end of the zone to see if they comply with the requirement of the law.It can be defeated and dismissed. You can choose to hire an attorney who will research and fight the ticket for you.I hope this clarifies. Please don't forget to rate the question with stars so that I will receive credit and payment for assisting you with your question.
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Customer reply replied 8 months ago
I already found that exact statement and definition online. Can you clarify in simple terms
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