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Not guilty to workers present?

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July 23, 2005, 12:01
Trooper
Not guilty to workers present?
One of our troops wrote a speeding ticket in a construction zone with workers present.

The man went to the judge's office and said he was definitely guilty of speeding in a construction zone, but there were no workers present, so he wants a trial on that issue.

Is it possible to plead not guilty to workers being present? It's obviously not an element of the offense of speeding, but it does affect the amount of the fine significantly.

[This message was edited by Trooper on 07-24-05 at .]
July 23, 2005, 14:08
JB
The presence of workers is in the nature of an enhancement. So, he would plead guilty to speeding and leave it to the state to prove the enhancement.

Of course, one wonders why you couldn't just settle the ticket for a fine that doesn't include presence of workers. Does the State of Texas really need the extra hundred dollars?
July 23, 2005, 16:54
Trooper
I guess the trial will proceed as scheduled.

I was hoping there was something I was unaware of that would preclude a full-blown trial for such a small, non-element-of-the-offense-related issue--albeit expensive for the violator.
July 25, 2005, 08:00
Mark Pratt
TXDOT can provide a schedule of workers within the zone Just contact your area or regional office. This usually causes the def. to plead.
July 27, 2005, 15:30
J Ansolabehere
Thanks for the info that TXDOT will have a list of places and times when workers are present. This question has come up before around our neck of the woods.

Janette Ansolabehere