Fighting Worksite and Construction Zone Speeding Tickets in Indiana

The Severity of Indiana Worksite Speeding Laws

With massive infrastructure projects constantly underway by the Indiana Department of Transportation, Indianapolis (INDOT), orange barrels and lowered speed limits are a permanent fixture on Indiana highways. Because highway workers face extreme danger, the state legislature has created incredibly harsh penalties for those who speed through these zones. A standard speeding ticket might cost you $150, but a worksite ticket is classified as a severe infraction. If you have been cited in a work zone in Lafayette, Lebanon, or Terre Haute, fighting the ticket is critical to protecting your wallet and your license. We suggest browsing our USA Lawyer Directory to find a seasoned traffic defense attorney who knows the local courts.

Increased Fine Structures for Worksite Speeding

Standard speed limits and standard fines do not apply when you enter a construction zone. Under Ind. Code § 9-21-5-11, the financial penalties are strictly escalated to deter reckless driving near workers.

• First Offense: At least a $300 fine.
• Second Offense (within 3 years): At least a $500 fine.
• Third or Subsequent Offense (within 3 years): At least a $1,000 fine.

Furthermore, if you are driving recklessly and your actions result in the injury or death of a highway worker, the civil infraction immediately escalates to a serious criminal felony, punishable by years in state prison and massive restitution costs.

Does a Construction Worker Actually Need to Be Present?

A common myth among drivers is that a work zone speed limit is only valid if workers are actively holding shovels on the side of the road. This is absolutely false in Indiana. Under state law, the reduced speed limit applies 24 hours a day, 7 days a week, regardless of whether workers are visible, as long as the signs are properly posted and the construction equipment or concrete barriers remain in place. Even if you drive through an empty work zone at 2:00 AM on a Sunday, you are still subject to the $300 enhanced fine. However, if workers are present, officers are far more likely to aggressively patrol the area and write tickets without issuing warnings.

Defending Against Automated Worksite Speed Cameras

Indiana recently authorized the use of automated traffic enforcement cameras in designated work zones. These cameras use radar to detect your speed and capture an image of your license plate. You will then receive a citation in the mail.

Because a camera cannot prove who was actually driving the car, the penalties are structured differently than traditional tickets. Typically, the first camera violation results in a mailed warning. The second violation carries a civil penalty of $75, and a third results in a $150 fine. Importantly, because these are classified as civil penalties against the registered owner of the vehicle-not moving violations against the driver-they generally do not add points to your license. If you wish to contest a camera ticket (for instance, if your car was stolen or you sold it prior to the violation), you must request an administrative hearing and file the appropriate appeals paperwork.

Can You Use a Deferral Program for Work Zone Tickets?

If you are pulled over by a state trooper in a construction zone, the resulting ticket is a standard moving violation that will add points to your license. Drivers naturally want to use the Indiana Infraction Deferral Program to keep it off their record. Unfortunately, because the legislature views work zone safety as a critical public interest, almost all county prosecutors aggressively block work zone tickets from entering deferral programs. For example, if you face a judge in the Tippecanoe County Superior Court, Lafayette or the Boone County Superior Court, Lebanon, you will generally be forced to either plead guilty and take the points, or take the case to a bench trial. This is why having an attorney is crucial; they may be able to find technical flaws in how the speed limit signs were placed or how the radar gun was calibrated.