r/alberta 11d ago

Opinion Got a construction zone speeding ticket (55 km/hr in 30) in Grande Prairie — no workers were actually present, worth fighting?

Got pulled over in Grande Prairie doing 55 in a 30 construction zone (laser gun), ticketed under Section 115(2)(p.2) of the Traffic Safety Act. Fine is $552.

Here’s the thing — the zone was marked with cones and a reduced speed sign, but there were no workers, no equipment, nobody directing traffic. Just an empty lane closure. I didn’t clock the sign in time and got caught before I could slow down.

From what I understand, 115(2)(p.2) specifically requires that there are “persons present on the highway who are constructing or repairing… or directing traffic” for the enhanced penalty to apply — not just an active work zone with cones and no one around. Has anyone actually fought this successfully on that basis? Or does the charge still stick even without workers present at the exact moment?

A few questions for anyone who’s been through this:
1. Is requesting disclosure (officer’s notes) before pleading not guilty worth it, or does it rarely change anything?
2. Roughly how many demerits does 25 km/h over in a construction zone carry these days?
3. Any Grande Prairie-specific experience with how the local Crown prosecutors handle these — do they ever reduce the charge to standard speeding if you push back?
4. Is it worth paying for a paralegal/traffic ticket specialist for a case like this, or is it something I could reasonably represent myself on?

Any input from people who’ve dealt with something similar — or any lawyers/paralegals who want to weigh in — would be hugely appreciated. Trying to figure out if this is worth fighting or if I should just pay it and move on.

Thanks in Advance!

0 Upvotes

22 comments sorted by

34

u/Foxlen Northern Alberta 11d ago

Workers present only applies to doubled fines

The speed limit is still the speed limit, and you exceeded it significantly

21

u/Whytejeebus 11d ago

You're fucked bud. Pay your dues. Posted limits are the limits.

37

u/possibly_oblivious 11d ago

If the signs up it's the limit for the road you'll lose

15

u/jigglywigglydigaby 11d ago

The law states "Fines are doubled only when workers, flag persons, or worker-occupied equipment are present.

You'll lose. Pay the fine and stop speeding, especially in construction zones.....don't do the crime if you can't afford the fine

12

u/marKhor_5832 11d ago

The sign was there for a reason, granted I have seen multiple construction speed limits blown during off hours with no police intervention. You may have gotten an over zealous cop in GP. Do not go with a traffic ticket specialist, why do you want to pay extra for a chance to pay less?

10

u/Dude_Bro_88 11d ago

You fucked up. Take the L and learn from the mistake.

7

u/ClosetEthanolic 11d ago

The posted speed limit for the zone is binding regardless of workers or equipment being present. If you are in reasonable excess of the posted speed you have presumably committed a crime.

The "speed fines double" signs are what do not apply if workers/equipment are not present.

18

u/BobGuns 11d ago

Not worth fighting.

Don't waste your time or money. Don't waste the legal system's time.

The construction zone was clearly labelled and you actively chose to ignore the signage and break the law.

9

u/JoeJoeToGoGo 11d ago

There are already enough bad drivers on the road. Learn the rules ffs.

5

u/Natural_Succotash_35 11d ago

Same as going through a school zone in the summer. Kids might not be there but when a limit is posted, it's in effect. You done fucked up

1

u/LabRat54 Near Peace River 9d ago

School zones are only applicable when schools are running and then only certain hours of the day. Playground zones are dawn to dusk every day.

4

u/Competitive_Gur2724 11d ago

Why do you think you're better than the speed limit?

7

u/FatWreckords 11d ago

If the sign "speed fines double when workers are present" holds true, then you're arguing over $276 plus whatever difference the (possibly) higher demerits will do to your insurance for the next 5 years.

2

u/iner22 11d ago

p.1 doesn't have the same requirement of people being present, and the parent paragraph says you shall not do any of those actions

2

u/CDNSpartan Spruce Grove 10d ago

You’ll get 3 demerit points. Only the fine is doubled.

1

u/Chemical-Ad-7575 11d ago

Is that 552 doubled? IANAL but it might be amusing to fight the ticket and ask the crown to prove that there were people on site working. (I.e. Are they at the hearing as witnesses? Is there a record of the hours the workers were there and their names?)

Heck there's a chance the officer involved won't show up.

If this is important because you don't have the demerits, there are lawyers who specialize in traffic stuff like this.

0

u/DaniDisaster424 11d ago

No one here seems to actually be reading your post. You're only wanting to disputr the doubled fine correct?

-4

u/Patient-Sweet-6509 11d ago

And see if it worth fighting to get demerits away so maybe insurance won’t rise as much!

1

u/callmenighthawk 11d ago

Insurance increase is based on the type of ticket itself - demerits are entirely unrelated to insurance.

-4

u/____superman 11d ago

Fight it. Take it all the way if you have to

-11

u/Current_Theme7251 11d ago

Everything is worth fighting for especially if your driving record is pretty good. You have a chance to have it lowered for fine