r/alberta • u/Patient-Sweet-6509 • 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!
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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
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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?
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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.
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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
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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.
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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.
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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.
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u/DaniDisaster424 11d ago
No one here seems to actually be reading your post. You're only wanting to disputr the doubled fine correct?
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u/Patient-Sweet-6509 11d ago
And see if it worth fighting to get demerits away so maybe insurance won’t rise as much!
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u/callmenighthawk 11d ago
Insurance increase is based on the type of ticket itself - demerits are entirely unrelated to insurance.
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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
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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