Menu Contact

Construction Zone Speeding - O.C.G.A. §40-6-188

“Construction Zone” speeding laws. If you happen to be cited for speeding in a construction zone, you can be hit with an additional fine as well as being convicted of more than just a traffic offense. Georgia considers these violations to be “misdemeanors of a high and aggravated nature and shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both.”

  O.C.G.A. §40-6-188 (e)(1) reads:

 In order for a person to be cited or convicted for exceeding a speed limit, reduced or otherwise, in any highway work zone as provided in paragraph (2) of this subsection, there must be present in the highway work zone at the time of the offense the signage required by this Code section and either:

  (A) Work zone personnel; or

  (B) Barriers, on-site work vehicles, or shoulder or pavement drop offs that constitute a hazard to the traveling public.

  It’s important to note that the signage requirement is quite stringent. While there is no case law on point, it would appear, from a plain reading of the statute, that failure to follow the signage requirements would make it legally impossible to sustain a conviction. That doesn’t mean the officer won’t write you the ticket. It means, the defendant would have to present evidence of the lack of adequate signage making a violation of THIS statute a factual impossibility.

  The second requirement will be satisfied by the citing officer. He/she will undoubtedly note, on the citation, either that there were workers present or the presence of barriers, on-site work vehicles, or shoulder/pavement drop offs. Failure to put these facts into evidence would, once again, make conviction impossible.

  So, my recommendation is, if you happen to receive a citation for this offense, take as many pictures (and maybe even videos) of the scene as you possibly can. You should begin doing so at least 600ft before the first change in speed sign. You should also attempt to measure the distance, from beginning to end (in miles) of the length of the construction zone. The sooner you do this the better…especially if the officer claims workers are present. Proving there are none/were none present AT THAT TIME, will be a burden that, sadly, shifts to you once the officer claims there were.

If you, or someone you know, has been cited for speeding in a construction zone, give me a call at 770-729-4809 or email me at [email protected]

 - Jason Carnell

1 Comment

I'm extremеlу impressed with your wгіting skіlls as wеll aѕ with the layout on your weblog.
Is this a paid theme or did you moԁify it yourself?

Eithеr way keep up the excellent quality writing, it is
rare to see a nice bpog like thіs one today.

Leave a comment
Comment Information
  1. Testimonials

    “He was a great lawyer for my lawsuit. He provided great information about my case and was prompt with any changes during the whole process. He worked very hard in getting me best deal. I would use his services again.”

    - James Wright

  2. Testimonials

    "Jason handled two cases for me, one in Cherokee County and the other in Fulton. He honored a two year old promise to handle the 2nd one for free. He did a great job on both and I'd recommend his services to anyone needing legal assistance. He honors his word and understands the law."

  3. Testimonials

    "Jason kept me informed on the status of my case. He thoroughly explained what my options were and the benefits / drawbacks of each option. I highly recommend Jason if you have need for an attorney."

    Robert Thigpen III

Contact Us Today For The Help You Need

There are hundreds of attorneys in metro Atlanta who would love to have your business. The choices can sometimes seem overwhelming, but I can tell you this: Nobody is going to work harder to earn your respect and do right by you and your family than me and The Carnell Law Firm, LLC. You don't have to take my word for it; look over the testimonials from clients who have been satisfied with my work on their behalf, and explore my website to learn more about me and my practice. Then contact my firm online or call us for a free consultation at 770-322-4990. I look forward to hearing from you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

4056 Wetherburn Way NW, Ste 3
Peachtree Corners, GA 30092

Fax: 770-308-4226
Peachtree Corners Law Office Map