Speeding in a Construction Zone Traffic Ticket

It’s happened to the best of us—you’re running late one day or were distracted, and instead of slowing down in a construction zone, you maintain or even boost your speed and get pulled over. Speeding in construction zones in Tacoma, Washington, is a serious offense with significant penalties.

If you are facing a ticket, it is important to familiarize yourself with the laws and your rights. It also helps to consult a knowledgeable Tacoma traffic attorney.

In Washington State, construction zones are defined as any location on or adjacent to a public roadway where public employees or private contractors perform maintenance, construction, or repair work.

The speed limits posted in these zones are usually reduced to help protect the workers and accommodate any altered traffic patterns.

• Roadway Construction Zones (RCW 46.61.527): This statute allows for a speed reduction in construction zones and imposes doubled fines for any violations. Fines in these zones cannot be suspended, waived, or reduced.
• Obedience to Police Officers, Flaggers, or Fire Fighters (RCW 46.61.015): Failure to obey the directions of police officers, flaggers, or firefighters in these zones can lead to fines and even license suspension. ​
• Speed Limits in School Zones (RCW 46.61.440): This statute mostly discusses school zones but also emphasizes the importance of following posted speed limits during designated times. This also applies to construction zones near schools.

• Fines: Fines for this violation are double what a typical violation would be. For example, if a fine is usually just $100, the fine for speeding through a construction zone will be at least $200.
• License Suspension: If you engage in reckless driving in a construction zone and endanger workers or hit safety devices, your license can be suspended for up to 60 days.
• Criminal Charges: If you are charged with reckless endangerment of a roadway worker, it is a gross misdemeanor, which can result in fines, license suspension, and even potential jail time.

• Receive the Ticket: The officer will give you a ticket that details the violation, including the fine amount and court appearance date.
• Respond to the Ticket: You now have the option to admit guilt, pay the fine, and watch as the violation hits your driving record. Or you can try to mitigate the infraction. Admit it happened, but explain the circumstances on why it did for a chance to reduce the penalty. You can also contest the ticket in court, meaning you will show evidence and state why you dispute it.
• Court Proceedings: During the pretrial hearing, possible reductions or dismissals can be explored. If no agreement is reached between all parties, the case will go to trial in Pierce County Court, where the defense and prosecution will present their arguments.
• Post-Trial: This is when the judge will give the verdict. If you’re found guilty, penalties will be imposed per state statutes.

Construction zones are considered high-risk because of the workers, heavy equipment, and altered road conditions. You must reduce your speed and exercise caution to prevent accidents.

• Worker Safety: Workers are especially vulnerable to collisions, which is why we have these strict laws in place.
• Altered Traffic Flow: In these zones, the lanes may be narrower, and the road signs might be harder to see, making these areas much more hazardous.
• Equipment and Debris: There is also a greater risk of loose materials or machinery crossing over lanes, which can increase the chance of accidents.

Speeding through construction zones is a serious offense, but there may be valid defenses you can use to help lessen your penalties.

• There Were No Workers Present: While this isn’t a defense in Washington, some jurisdictions might reduce the penalties if workers are absent. However, fines in Washington still double regardless of whether workers are present.
• Inadequate Signage: If adequate signage was not posted and there were no warning signals, you may be able to contest the ticket. This shows that the zone was not clearly marked or visible to drivers.
• Emergencies: If you were speeding due to an emergency, it could be a mitigating factor to reduce your fine or penalties.

It’s always best to go for prevention. Start by being aware and driving more cautiously.

• Pay Attention to Road Signs: Always watch for the speed limit signs as you enter construction zones, and make sure to adjust your speed accordingly.
• Watch for Flaggers and Workers: Watch for flaggers, workers, and other safety personnel who might be directing traffic in these zones. Always follow their directions.
• Adjust Your Speed to Reflect Road Conditions: These zones often have obstacles like uneven surfaces or construction equipment. Slow down even more if road conditions are poor.

Pierce County plays a big role in traffic enforcement within these zones. Local law enforcement officials make sure everyone follows the rules, especially in high-traffic areas like Tacoma.

• Increased Enforcement During Peak Hours: Officers are more likely to be present during rush hour or when traffic is heavier.
• Collaborate With State Officials: Pierce County law enforcement works with state agencies like the Washington State Department of Transportation (WSDOT) to monitor and enforce speed limits in construction zones.
• Local Traffic Cameras: Some areas might have automated traffic cameras that officials can use to catch you speeding in construction zones. These are common in places like downtown Tacoma, where construction might be ongoing.

If the accident in the construction zone involved workers, pedestrians, or substantial property damage, there can be serious consequences.

• Ensure Safety: You want to first ensure that everyone is okay. If there are any injuries, call 911.
• Cooperate With Authorities: Always be cooperative. Failing to follow an officer's instructions or obstructing the investigation can lead to more penalties.
• Consult a Tacoma Traffic Attorney: There may be complex liability issues involved, so consult a traffic attorney who can guide you through the process and ensure you don’t unfairly take the blame.

If you receive a speeding ticket in a construction zone, your Tacoma attorney can help you with the ins and outs of the process. A lawyer might be able to negotiate with prosecutors for a lesser fine, especially if there are mitigating circumstances like unclear signage or an emergency.

They can also challenge evidence presented by law enforcement, like the accuracy of radar or speed cameras, represent you during the trial, and advocate for a dismissal or reduced penalty if you decide to contest the ticket.

You don’t have to go through this alone. Contact a skilled traffic attorney in Tacoma now to help safeguard your license and keep you on the road.