Speeding in a Construction Zone
What counts as a violation of Vehicle Code § 22362?
Vehicle Code § 22362 prohibits any driver from driving above the posted speed limit on a highway within 400 feet of a construction zone on that highway, or close to the highway.
To be found guilty of a violation under Vehicle Code § 22362 for speeding in a construction zone, the law requires the following:
- Signs displayed the limits of the restricted zone
- Signs displayed the speed limit in that zone
- The signs were displayed within 400 feet of the end of each zone
- The posted speed limit cannot be less than 25 MPH
- The sign must indicate the purpose of the speed restriction
What is the punishment for a violation of Vehicle Code § 22362?
A violation under Vehicle Code § 22362 is an infraction punishable by fines of up to $367 to over $600 and 1 DMV point.
Do I need to hire an attorney if I was pulled over for a violation of Vehicle Code § 22362?
A violation of Vehicle Code § 22362 carries serious consequences including a potential driver’s license suspension and DMV point that can significantly increase your car insurance premium. Hiring an experienced attorney who will go to court for you can help you to avoid these consequences.
What happens if I get a “DMV point”?
DMV points can lead to a negligent operator license suspension if a driver incurs the following:
- 4 points in 12 months;
- 6 points in 24 months; or
- 8 points in 36 months.
What are the defenses to a violation of Vehicle Code § 22362?
- There were no signs posted with the speed limit
- Signs were posted but did not give you sufficient notice because they were posted too close to the construction zone
- The required speed limit was less than 25 MPH