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Work Zone Penalties in Georgia

Posted by Richard Lawson | Apr 28, 2018 | 0 Comments

The I-285 / GA-400 interchange is one of metro Atlanta's most traveled areas. It is a major connection point for the distribution of goods throughout Georgia. All Atlanta citizens are aware of the traffic gridlock that occurs at this interchange. Unfortunately, things are about to get worse for Atlanta drivers. 

The project began in 2017 and is expected to finish in 2020. However, starting April 27th, 2018, the Georgia Department of Transportation shifted traffic on Georgia 400 northbound to Interstate I-285 eastbound to a temporary ramp. This ramp will allow workers to build bridges in the interchange. It will also make a mess of everyone's morning commute. Many people will also be ticketed and need a Atlanta Traffic Ticket Lawyer.

Also, with construction comes work zones traffic enforcement. Moreover, with work zones comes increased fines and penalties. Speeding in a work zone carries harsh sentences in Georgia. 

What is a Work Zone? 

O.C.G.A. §40-6-188 states a “highway work zone" means a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway. 

Better put, if someone is working on the roadway, it is a "work zone."

Can I Receive a Ticket Even When Workers Are Not Present? 

Yes! You can still receive a ticket even when workers are not present. If there are barriers, work vehicles, shoulder drop-offs, or a pavement drop off, then you can receive a ticket even without workers being present. 

What is the Penalty for Speeding Through a Work Zone? 

The penalties for speeding through a work zone in Georgia are severe. While most traffic violations are considered misdemeanors, speeding through a work zone is a misdemeanor of a high and aggravated nature. This means the fine is increased to up to $2,000 as well as up to one year in jail, or both. You will also receive points on your license based on the speed you were going. The points breakdown is as follows: 

  • 15-18 mph = two points 
  • 19-23 mph = three points 
  • 24-33 mph = four points 
  • 34+ mph = six points 

Another violation that coincides with work zones is failure to yield to a construction vehicle (O.C.G.A. §40-6-75). A failure to yield conviction results in three points as well. Because work zone violations carry numerous points, it is important to make sure they do not put you over the maximum of 15 points in 24 months. If you do receive more than 15 points in 24 months, your license will be suspended 

For CDL drivers, any three-point violation is considered a serious traffic violation, which in conjunction with any other three-point offense will suspend your driver's license.,

Can I Fight It? 

You do have Georgia Traffic Ticket Defenses to help fight your case. One argument is that laws were not adhered to when putting up the work zone signs. If no signs were posted, then you cannot be convicted of speeding in a work zone. Also, the signs must warn of the work being done and the speed limit. The entity completing the work has the authority to reduce the speed limit, but there must be signs outlining it. If the signs or words do not conform to Georgia standards, then you have a great defense. 

Contact Us 

Construction is never fun, but it is even less fun if you receive a ticket. If you or a loved one has been charged with a work zone related traffic offense, you need representation. Our office is available 24 hours a day, 7 days a week for you! Call now to speak to one of our Georgia Traffic Ticket Attorneys for a free case evaluation. 

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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