Fighting a Speeding Ticket in a Construction Zone: Key Defenses
Sept. 12, 2025
Getting pulled over for speeding is stressful under any circumstances, but the stakes are even higher when it happens in a construction zone. Speeding in these areas carries steeper fines and more serious penalties. However, just because you received a ticket doesn’t mean you’re out of options. There are several effective defenses a skilled attorney could use to challenge a traffic violation charge—and potentially reduce or dismiss it.
At Pope & Bogush Attorneys at Law, LLC, I understand that being pulled over in a construction zone can be a source of stress, uncertainty, and fear about what might happen next. That’s why my firm is here to offer a steady hand when traffic law issues arise. For my clients in Clarion, Pennsylvania, and surrounding areas, I strive to listen—not merely as an attorney, but as someone who cares about how this is affecting you, your record, and your peace of mind.
Here in our tight‑knit community, I make it my mission to explain every step clearly, treat each case with personal attention, and walk through those confusing legal steps together—with kindness, clarity, and real understanding.
Let me explain some of the key defenses available to drivers cited for speeding in construction zones under Pennsylvania traffic law. Whether you're facing a fine, points on your license, or increased insurance rates, understanding your rights and how to respond can make a significant difference.
Why Construction Zone Tickets Are So Serious in Pennsylvania
Pennsylvania law treats speeding in construction zones as a serious offense, and with good reason. Construction zones pose heightened risks to both workers and drivers. As a result, state lawmakers have increased penalties to encourage drivers to slow down in these areas.
Under 75 Pa. C.S. § 3326, fines for speeding in active work zones are doubled, and if a traffic violation results in injury to a worker, the penalties can include license suspension and jail time. Even if no workers are present, a posted work zone sign often triggers these enhanced consequences.
Be aware of the following key points about construction zone speeding tickets in Pennsylvania:
Fines are automatically doubled in active work zones.
Two traffic violations within a 12-month period can lead to a 15-day license suspension.
If a traffic violation results in serious injury or death, criminal charges may be filed.
Speeding just 11 mph over the limit can trigger additional penalties.
Given the seriousness of these consequences, it’s important to take any citation seriously—even if it seems minor at first glance.
What to Know About the Legal Basis for the Ticket
Every traffic ticket, including those issued in construction zones, must be based on legal grounds. In Pennsylvania, speeding charges generally fall under two sections of the Vehicle Code:
75 Pa. C.S. § 3362: Speeding violations
75 Pa. C.S. § 3326: Construction zone penalties
When law enforcement issues a ticket, they must prove that:
You were operating the vehicle.
You were speeding according to the posted or statutory limits.
The construction zone was active (or otherwise marked as such).
Proper signage was in place indicating the reduced speed limit.
Understanding what exactly the officer is alleging is the first step in preparing your defense. Some tickets may lack sufficient detail or may be based on faulty observations. In other cases, there could be missing or incorrect signage, which brings us to one of the most common defenses.
Challenging Signage and Visibility
One of the first things to evaluate is whether proper signage was in place to indicate a construction zone and reduced speed limit. Under Pennsylvania traffic law, the state must meet certain criteria for these zones to be enforced:
Signs must be posted at the beginning and end of the construction zone.
Reduced speed limits must be clearly visible to drivers.
There must be adequate warning to give drivers time to adjust speed.
If the construction zone signs were obscured, poorly placed, missing, or lacked proper lighting at night, this could be a valid defense. Photos of the area where you were cited can help demonstrate whether signage was adequate.
If signs weren’t visible or posted correctly, the reduced speed limit may not be enforceable, even if the area was technically under construction.
Was the Zone “Active”?
Many drivers don’t realize that the status of the construction zone—whether it was active or not—can significantly impact the validity of a speeding ticket. Under Pennsylvania traffic law, enhanced penalties (such as double fines and points) generally apply only when the zone is “active,” meaning:
Workers are present.
Equipment is actively being used.
Construction activity is visibly underway.
If you were cited in a zone where no workers were present and no activity was taking place, you may be able to argue that the enhanced penalties shouldn’t apply. While some zones have permanent reduced speed limits, many only enforce them when the area is active.
You may be able to gather evidence such as:
Time-stamped photos of the empty work zone.
Dashcam footage.
Witness statements.
Discovery from the officer’s report.
Each of these could help support the argument that the zone was inactive and that regular speeding penalties (or none at all) should apply.
Radar and Speed Detection Errors
Radar, LIDAR, and other speed detection devices are often used to determine whether a driver is exceeding the posted limit. But these tools aren’t infallible. Under Pennsylvania traffic law, there are specific rules about how speed detection must be conducted:
Only certain officers are authorized to use radar in Pennsylvania (typically state police).
Devices must be tested and calibrated regularly.
Officers must be trained and certified to use the equipment.
Failure to follow proper procedures can raise questions about the accuracy of the speed reading. A strong defense could arise if the device wasn’t correctly calibrated or the officer didn’t adhere to protocol. Additionally, errors can arise from:
Interference from other vehicles.
Improper positioning of the radar gun.
Weather conditions affecting accuracy.
An attorney can request the officer’s calibration and certification records during the discovery process. If there’s any indication that standard procedure wasn’t followed, the court may find the ticket invalid.
Legal Defenses That May Apply to Your Case
Not every defense is technical. Sometimes, drivers have valid explanations that fall under legal justifications or mitigating circumstances. Here are some examples of common legal defenses:
Emergencies: If you were speeding due to a medical emergency or to avoid an immediate threat, the court may consider this a valid defense.
Mistaken identity: The officer may have pulled over the wrong vehicle, especially in areas with heavy traffic or multiple lanes.
Lack of notice: If you were unaware of the reduced speed due to blocked or vandalized signage.
Improper citation: The officer may have written the ticket with errors such as the wrong date, speed, or vehicle description.
Constitutional issues: In rare cases, procedural errors such as improper traffic stops or a lack of reasonable suspicion may result in dismissal.
Each situation is unique, and the success of a defense depends on the specific facts of the case.
What to Do After Receiving a Construction Zone Ticket
Getting a speeding ticket doesn’t automatically mean you’re guilty or that you have no options. The actions you take in the days following the citation can have a major impact on the outcome.
Here’s what you should do:
Read the citation carefully. Check for any errors or omissions.
Take photos of the area. Document signage, road conditions, and anything else relevant.
Write down your recollection. Memory fades fast—note what happened while it’s still fresh.
Consider requesting a hearing. You have a right to contest the ticket in court.
Speak with a traffic law attorney. Getting legal advice early can help you decide how to proceed.
Don’t automatically pay the fine. Doing so is an admission of guilt and may add points to your license.
Paying a fine might seem like the simplest option, but in many cases, it can lead to higher insurance premiums, license points, and even license suspension. Working with an experienced traffic violation attorney and fighting the ticket gives you a chance to avoid or reduce those consequences.
Contact an Experienced Traffic Violation Attorney
With the right approach and a close look at the facts, it's often possible to lessen the impact of a construction zone speeding ticket—or even fight the ticket entirely.
At Pope & Bogush Attorneys at Law, LLC, right here in Clarion, Pennsylvania, I understand how stressful and confusing this process can be. You're not just another case file to me—you're a real person facing real consequences, and I’m here to help you handle it the right way.
If you’ve been cited for speeding in a construction zone, don’t wait. Reach out to me today, and let’s talk about how we can protect your record and move forward with confidence.