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I received a ticket on 121 in the Colony, Texas for driving on the shoulder 25 feet. The officer cited on the ticket that workers were present. Where the violation occurred there were no signs, no cones, and no workers in sight. There was a right away ready for construction were I was issued the ticket.
I know it's his word against mine. Any chance of beating this type of scam?
If not has anyone used a good attorney in Denton County,TX.?
First thing - get your camera out there and take pictures of the spot where you got ticketed.
Be sure to get a 'long distance' shot, allowing one to see that there were no signs, workers, etc.
If possible, contact the city/state and ask for a clarification on the particular area where you were driving - specifically if there were any signs/workers at the time of the infraction.
IMO, if you are correct in stating there was no signs/workers, and if the state hwy group backs up your contentions, and that plus the pictures before a judge may suffice to get the ticket thrown out.
First thing - get your camera out there and take pictures of the spot where you got ticketed.
Be sure to get a 'long distance' shot, allowing one to see that there were no signs, workers, etc.
If possible, contact the city/state and ask for a clarification on the particular area where you were driving - specifically if there were any signs/workers at the time of the infraction.
IMO, if you are correct in stating there was no signs/workers, and if the state hwy group backs up your contentions, and that plus the pictures before a judge may suffice to get the ticket thrown out.
(why would you drive in the shoulder you probably got some rock chips around your tires...theres always dirt and little stones in the shoulder) he did you a favor
My brother got tagged the same way - no construction signs, cones or any indications of roadwork on his side but the opposite side does. He paid double, I believe $350 for a few mph over 25.
Goodluck, it looks like you will need it. Keep us posted if you win.
Some of these so-called "Construction Zones" are total farces. They put up a "Begin road construction" sign and a couple of cones, and then 4 miles later you'll see an "End construction zone" sign - with NO work going on in between!
This is abuse of a law designed to protect road workers, and ends up being nothing more than another excuse to stick it to the taxpayers! Let's call them what they are - "Revenue Enhancement Zones".
I recently made a cross-country trip in my C-5, using mostly the freeways. In many states near large cities I encountered "construction zones" which consisted of miles and miles of cones and barriers which restricted use of the inside lanes. There was not a worker or a piece of equipment in sight, and this was during the normal work week. I think it's a scam to milk the Federal government out of construction dollars, and we citizens out of monetary fines, since most travelers on the interstates are from somewhere else and do not wish to go to court to fight the tickets.
There was a right away ready for construction were I was issued the ticket.
QUOTE]
Could you explain further what you mean by this?
There was dirt work done for setting steel wire for the concrete crew.. That crew was several miles away.
This was a detective in a small town who wrote me the ticket. Hey, they can double their ticket revenue thanks to the construction work being done. It's nice to see they would pull a detective away from solving more pressing (non revenue producing) issues to help write more tickets.
what a bunch of crap!! thanks for the heads up though, i'm about to take a trip and i'll be watchful of that..i'll have my camera handy, it prints the dates and time on each picture. good luck beating that.
Not in Texas, slower traffic pulls over onto the shoulder maintaining speed and allows others to pass
This is wrong and illegal. The Texas Traffic Code established some guidelines for driving on the shoulder but if you weren't within those few stipulations, you cannot drive on the shoulder.