Is a person who commits an offense in a construction and maintenance work zone when workers are present eligible for deferred disposition?

• A. True
• B. False
• C. Not specified
• D. Only if the driver completes the DSC

Answer: (B)

Deferred disposition cannot be used for offenses occurring in a construction or maintenance work zone when workers are present. This rule exists to protect those workers; even if you otherwise qualify for deferral, the court is not allowed to defer the adjudication in these situations. So a driver charged with a violation in a zone with workers present must face the standard penalties (trial or plea with regular sentencing), rather than having the case deferred. If the workers aren’t present or the offense isn’t in a construction zone, different rules can apply, but in the scenario described, deferral isn’t available.