Speeding In A Construction Zone

The “Workers Present” Issue

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Speeding in A Construction Zone in Flower Mound

Speeding in a construction zone traffic tickets in Flower Mound are unlike any other type of traffic ticket you could receive.  The reason is due to The Texas Transportation Code and the Code of Criminal Procedure’s treatment of the traffic ticket offense.  This article is intended to describe the pitfalls of being charged with a speeding in construction zone traffic ticket and how to fight as best you can a possible conviction for the charge.

Section 542.404 of the Texas Transportation Code starts off with telling driver’s that fines double in work zones when workers are present within the zone.  The normal fine for a traffic ticket is $200.00.  This $200.00 amount does not cover court costs.  Court costs are usually about $135.00 per citation.  So you double the fine and add the court costs for a construction zone ticket in Flower Mound and you have easily surpassed $500.00.

However, as bad as this sounds it is not as bad as the treatment of a speeding in a construction zone ticket by the Code of Criminal Procedure.  The Code Of Criminal Procedure contains the law that allows courts to defer guilt against you.  This allows your driving record to remain clear.  The Code Of Criminal Procedure Article 45.051 is commonly referred to as the “deferred adjudication” article.  This article specifically states that if you are charged with an offense under Texas Transportation Code Section 542.404 you will not be allowed to take advantage of the deferred adjudication exception to convictions.  This means that not only are you stuck with a $500.00 fine but you are also stuck with the conviction.

The only way to avoid this type of severe punishment is to set your case for a hearing and hope that the prosecutor will do one of the following:

• Remove the workers present endorsement on the traffic ticket
• Remove the work zone allegation on the ticket
• Reduce the speed to lower than 10% above the posted speed limit

Speeding Ticket Lawyer in Flower Mound

Your odds of accomplishing this on your own are pretty slim.  The best bet you have is to hire a lawyer in Flower Mound to help you with the speeding ticket in a construction zone.  Even then, there are no guarantees.  But at least at that point you make the City of Flower Mound earn their money.  In most cases, your lawyer will need to set the case for trial and you will have to appear with your lawyer to use all the leverage you have to accomplish the goals set forth above.  Based on your current driving record, this may or may not be worth it.  Either way, we invite you to discuss your speeding ticket with a legal professional by calling us or by FILLING OUT OUR SPEEDING TICKET QUESTIONNAIRE.