First of all, an infraction for a work zone (RCW 46.61.212) is a different infraction that a ticket for speeding in a construction zone (RCW 46.61.527).
If you want to contest a traffic ticket you can request a contested hearing. A judge will hear your case. A judge will hear the prosecutor’s case against you. The judge will then decide whether you committed the traffic infraction or not.
It is possible to beat a traffic ticket in WA. There are a number of reason why a traffic ticket can get dismissed. The reasons vary on a case by case basis. Getting a “no insurance” ticket dismissed may require a different process than getting an “expired registration” ticket dismissed. While getting a ticket dismissed is great, avoiding getting a speeding ticket in the first place will ensure your insurance rates do not skyrocket.
If you get a speeding ticket, an HOV ticket, a work zone or construction zone ticket, no insurance ticket, speed too fast for conditions, cell phone ticket, school bus camera ticket, fail to obey traffic signal or traffic control device, or other infraction, you should contact an attorney to try to get that ticket off your record.
A traffic ticket is not a criminal offense.
You can get on a payment plan for a traffic ticket. In most cases you can pay that traffic ticket online.
Ticket in a Washington Work Zone
Work zone generally refers to emergency vehicles, tow trucks, and road maintenance vehicles, when they are alongside the roadway. The law requires that if you have the opportunity to do so, you move over lanes from a work zone.
Ticket in a Washington Construction Zone
Construction zones are areas where road work or other construction is ongoing. They should be marked with signs. Both work zones and construction zones have a requirement that you do not exceed any temporary speed limit.
Both Work Zone and Construction Zone Tickets are Moving Violations
This question comes up frequently because many people hire attorneys when they received a traffic ticket for a construction or work zone. Not only is this a moving violation (see WAC 308-104-160) that will increase insurance rates, but, in Washington, it carries a significant fine. Drivers with a commercial driver’s license or an intermediate license may face intermediate license suspension. Drivers who have accumulated a number of tickets may face a suspension as well.
What Does the Government Need to Prove During an Infraction Hearing?
The government needs to establish two things when they try to prove this infraction. The first thing the prosecution needs to prove is that the defendant was speeding. The second thing the prosecution needs to prove is that the defendant was in the work or construction zone.
Speeding Ticket Defenses May Apply
This means that the regular defenses for speeding apply in addition to defenses regarding the work zone or construction zone. The law has particular specifications regarding where a work zone or construction zone is located. The law also has specific language to define the vehicles, persons, and activity, that create the situation for a work zone or construction zone.
The officer’s report may be scrutinized to find gaps in information that make the officer’s report inadequate to prove the infraction. An attorney may be able to identify discrepancies that cast significant doubt on the officer’s report such that the prosecutor or Court cannot be convinced that they can prove the case – or find the infraction committed.
As always, it is advisable to consult an attorney before proceeding with any traffic infraction or criminal matter. Please don’t hesitate to contact me once you’re ready to talk to an attorney. I am dedicated to helping people find solutions to their problems.
Ticket in a Construction Zone?
Yes. A speeding ticket in a construction zone will result in double the normal fine amount. In Washington, speeding in a construction zone is a moving offense that will likely result in increased insurance rates.