Transportation and Vehicle Safety: speed limit vs Prima facia speed limit, speed surveys, road survey

Question
Hi Terry!
Interesting site you have here. Im stumped abit about the limits. I’m reviewing an appeal my friend recently had for a VC 22349(b) and the opposition declared that a traffic and engineering survey is not required in a maximum prescribed speed limit (as opposed to a prima facia speed limit). I thought they were ALL prima facia speed limits?
Also, according to VC 40600, you must be in an accident in order to get a ticket. I know the court deems these complaints as criminal in nature but these certainly are not penal, as they bring the penal code into it, and the Government code says that only a district or other attorney can file a criminal complain?.
What’s your take on these issues? Thank you for your response.  

Answer
Hi Fred and welcome to AllExperts!

For any area governed by a specific posted speed, surveys are necessary to establish a maximum safe operational speed for that roadway. The roadways that fall short would be those which utilizes the states mandatory maximum speed allowed based on type of road:(Residential-Commercial-Highway).

However, if that roadway will ever be used for radar enforcement, it would have to be surveyed as well.

As to speed limit categories, there are 3.... (RS=Road Survey)

* Prima Facia (Limited by the speed on the sign). RS Req.
* Maximum allowed speed by state based on type of area. RS Not Req.
* Maximum safe speed for conditions present. RS Not Req.

Depending on which violation the officer used would have it's own Corpus, Intent, and elements to meet.

Concerning the issuance of a citation, an officer may cite for any infraction committed in their presence, or for any misdemeanor/felony for which probable cause exists, whether or not committed in their presence.

In the case of an accident, VC 40600 provides an exception to the rule allowing the officer to issue a citation for a traffic accident committed out of their presence.

Keep in mind that a citation is a promise to appear for a violation of law and technically is a soft arrest and release. It is always based on a criminal offence regardless of which book of law it was written for (Penal Code, Vehicle Code, Business and Professions, Welfare and Institutions, etc).

As to the filing of complaints, citizens can only file civil complaints. Criminal complaints must be brought forward either by the District Attorney, Grand Jury, Military tribunal, Judge Advocate General, or similar appointed and sworn group of officers having specific authority to carry out those tasks.

Anyway, we can go on for quite some time in this area, but I hope I have at least made some of these confusing areas a little more clear.

Terry