Now that summer is underway, we spend more time on the road driving children all over town, taking weekend getaways and family vacations. Summer also increases construction on the roads. Freeways have been the main artery to get around with ease, speed, and little cost. Times have changed and road trips could be more costly than you think.

Work zones have become increasingly dangerous places on the highways. According to Illinois State records, more than 500 speed related traffic deaths occurred in 2007 and nationally, about 13,000 people died where speeding was the cause. Between 6,000 to 7,000 work zone accidents occur each year, resulting in about 2,500 injuries and 31 deaths last year, an increase from the 21 deaths in 2007. According to the State, 85% to 90% of work zone deaths are motorists or passengers in vehicles. Heavy traffic, narrowing lanes, concrete dividers, steep hills, lack of road shoulders, speeding, unexpected stoppage of traffic and shortened reaction opportunities for motorists are among the reasons for the increase in work zone accidents.

Accordingly, enforcement of work zone speed restrictions has become a high priority for the Illinois State Police. Since 2005, Illinois has implemented and been enforcing work zone speed limits using photo speed enforcement radar, or what has been termed “cops in a box”. The Illinois Department of Transportation has various mobile speed enforcement vans manned by certified officers, which are rotated every couple of weeks throughout the regions of the State.

The cameras are supposed to be calibrated before each work zone enforcement. In addition, these units are extremely accurate, under perfect conditions. Some of these conditions include:

Workers do not need to be present for speeding tickets to be issued in a work zone. However, speed enforcement cameras will only be used when workers are present in the work zone, whether day or night. Workers are considered present even if they are behind temporary concrete barriers.

The good news is that motorists will receive plenty of warning. Signs warning that speed restrictions in the work zone will be enforced by photo speed enforcement will be clearly posted in the area. The motorists’ speed will be displayed electronically to give the motorists an opportunity to slow down. If the motorist continues to exceed the speed limit, a second radar on the camera will be activated and photographs of the driver, the vehicle and the license plate will be taken and the time and date recorded. The matter is then reviewed by an off duty officer. If a ticket is approved, the registered owner of the vehicle will receive the ticket in the mail within 14 days and must appear in court. The fine payment cannot be mailed in to the court as in other speeding offenses.

Any violation of the speed zone restrictions will trigger the speed enforcement camera, even one mile over the speed limit. The Illinois State Police claim that they will not be issuing tickets for one mile over the speed limit, but have not stated how much leeway will be given to motorists.

What should one do if he or she receives a work speeding ticket? Are there any defenses and what options are available? Given the high fines and potential suspension of driving privileges, a motorist should consult an attorney. An attorney can analyze the facts and determine if any legal defenses exist, such as whether the required warning signs present, if the camera was used whether workers were present or whether the camera was properly calibrated. In some instances, the ticket may be amended to an ordinary speeding ticket or the speed reduced, which could mitigate any sentence. With the first offense, the fines are less, but it is worth investigating whether legal defenses exist to beat the ticket.

In addition, an attorney can assist in obtaining a disposition of court supervision if available, especially in the case of higher speeds, which will avoid a suspension of driving privileges. Restrictions on the availability of supervision due to other driving offenses of the motorist may also be applicable and discussed with an attorney. A conviction or suspension of driving privileges will result in higher insurance costs and potential additional surcharges associated with this ticket. Obviously if a motorist receives a second ticket for this offense, he or she should definitely retain an attorney.

NOTE: This article is for educational purposes and not to be interpreted as legal advice. Please consult an attorney if you have been issued a speeding ticket and need advice.

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