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Defined road work zones strengthen law in Michigan

Date Posted: December 26 2003

In Michigan, state lawmakers are answering the question, where does a construction zone begin?

That question has never been an issue until earlier this year, when a Macomb Township woman was acquitted of killing a road worker and severely injuring another. The driver's defense: there was no clear indication where the construction zone started and on the stretch of I-94 in Harrison Township where the accident took place.

The 31-year-old driver, who was said to be speeding and operating with a suspended license, swerved onto a shoulder to avoid a vehicle in front of her, striking the workers.

The driver was the first to be prosecuted under the state's tough new law which imposes a prison sentence of up to 15 years and a fine of $7,500 on motorists found guilty of killing a road worker, and up to a year in jail and $2,500 in fines for drivers who injure a road worker.

Unfortunately, "Andy's Law" (named for a road worker who was made a paraplegic after an on-the-job injury) contained a legal loophole which did not define a work zone. That's where the new law steps in: it requires signs to state "work zone begins" before stationary jobs or "work convoy begins" to be posted before groups like rolling patching crews.

"If a prosecutor couldn't get a conviction in the case in Macomb County, what other prosecutor would attempt to try a case in the future?" said Gary Naeyert, spokesman for the Michigan Road Builders Association. "It was clear that the law had to be fixed, and it was relatively easy."

The law has also been strengthened in another way: previously Andy's Law only allowed for prosecution of work zone drivers who hit a worker if they were driving under the influence of drugs or alcohol, had a suspended or revoked license, or were driving "recklessly." The new statute now allows prosecution under Andy's Law even if a motorist hits a worker while speeding or driving "carelessly" in a work zone.

The bill to strengthen the law has passed the Michigan House and Senate and Gov. Granholm has said she would sign it.