California Speeding in a Work Zone Traffic Ticket

In California, traffic fines are more serious if they happen in a work zone. This is because work zones are dangerous places with lots of distractions, and drivers need to take speed limits seriously.

Recently, California doubled the fines for speeding in a construction zone. These fines apply even if there were no workers on the road at the time of the speeding violation. In California, there is no option to attend traffic school to avoid paying fines as other states allow. The only benefit to attending traffic school is removing the points from your license.

Vehicle Code 22362 VC

It is prima facie a violation of the basic speed law for any person to operate a vehicle in excess of the posted speed limit upon any portion of a highway where officers or employees of the agency having jurisdiction of the same, or any contractor of the agency or his employees, are at work on the roadway or within the right-of-way so close thereto as to be endangered by passing traffic. This section applies only when appropriate signs, indicating the limits of the restricted zone, and the speed limit applicable therein, are placed by such agency within 400 feet of each end of such zone. The signs shall display the figures indicating the applicable limit, which shall not be less than 25 miles per hour, and shall indicate the purpose of the speed restriction. Nothing in this section shall be deemed to relieve any operator of a vehicle from complying with the basic speed law.

california speeding in a work zone ticket

Legal Definition of Speeding in a Work Zone

The law defines speeding in a work zone to be driving faster than the posted speed limit within 400 feet of a construction zone. Speeding in a work zone is a different offense from speeding.

Work zones can have speed limits of as low as 25mph, so it is important to pay attention when you see those orange signs.

Penalties for Speeding in a Work Zone

The penalties for speeding in the work zone are much higher than a normal speeding ticket. Speeding in a work zone may carry the following penalties:

Points on the driver’s license
Speeding tickets
A fine of up to $600
License suspension in cases of excess speed

Speeding in a Work Zone Prima Facie

Speeding in a work zone is a prima facie violation under 22362 VC. Instead of being innocent until proven guilty, you are presumed to be in violation of the law, and the burden of the proof is on the defendant.

The defendant can prove they were innocent by proving that work zone signs were not posted, and therefore, it was not clear that it was a work zone. They may also prove that the signs were posted more than 400ft from the worksite.

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