The TR-235 California form is used for a trial by written declaration in traffic cases, allowing defendants to contest citations without appearing in court. This form requires the arresting officer to provide specific details about the incident, including their observations and any evidence gathered. Completing this form accurately is crucial for a fair review of the case, so please ensure you fill it out by clicking the button below.
The TR 235 form is a crucial document used in California for those opting for a trial by written declaration regarding traffic violations. This form is designed for the arresting or citing officer to provide a detailed account of the incident that led to the citation. It requires the officer to affirm their personal knowledge of the facts, including the circumstances surrounding the alleged offense and the methods used to determine the defendant's speed. The form includes sections for the officer to declare their status at the time of the citation, the equipment used for measuring speed, and whether any statements made by the defendant were recorded accurately. Additionally, it addresses the necessity of an Engineering and Traffic Survey (ETS) and the officer's qualifications in using speed-measuring devices. This structured approach ensures that all relevant information is documented, allowing the court to make an informed decision based on the evidence presented. By completing this form, officers play a vital role in the judicial process, helping to maintain the integrity of traffic enforcement in California.
TR-235
NAME OF COURT:
FOR COURT USE ONLY
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
TELEPHONE:
PEOPLE OF THE STATE OF CALIFORNIA
vs.
DEFENDANT:
OFFICER'S DECLARATION
(Trial by Written Declaration—Vehicle Code, § 40902)
RETURN DATE:
ARRESTING/CITING OFFICER NAME/ID NO.:
CITATION NUMBER/DATE ISSUED:
AGENCY NAME:
OFFICE [IF ANY]:
CASE NUMBER:
INSTRUCTIONS: The defendant in the case listed above has opted for trial by written declaration pursuant to Vehicle Code section 40902. The officer named above shall check all statements that apply, date, sign, and complete and return this form to the court named above by the return date.
1. OFFICER'S DECLARATION: Except as expressly stated below, I have personal knowledge of the facts stated herein. The events
occurred in the County of (specify):
at about the date, time, and
location stated in the citation.
a.
At the time of the citation I was a peace officer on-duty
for the exclusive or main purpose of traffic enforcement
not for the exclusive or main purpose of traffic enforcement, and I
was
was not wearing a uniform
as required by the Vehicle Code section 40800. Any vehicle used by me complied with Vehicle Code section 40800.
b.
The offense(s) were not committed in my presence.
c.
Any statement(s) made by the defendant were voluntary, recorded
verbatim
not verbatim
and is/are reasonably complete and accurate in substance.
d.
Safety is an element of the violation alleged. In my opinion, the defendant's operation of the vehicle was unsafe.
e.
Any equipment used by me to gather evidence in support of this violation was properly maintained, in good working order,
and I have been trained in its use.
f.
Any traffic sign, signal, or device mentioned was official and properly located, maintained, in good working order, and
clearly visible to a driver of a vehicle controlled, governed, or affected by such sign, signal, or device.
g.
Any diagram(s) submitted is/are not exact or to scale, but is/are reasonably complete, accurate, and fairly depict(s) the
location, situation, and events described.
h.
Speed supported by the patrol vehicle's speedometer was a significant factor. Pursuant to department policy, the patrol
vehicle used in connection with this citation was officially calibrated on (date):
The result was (specify):
The calibration was considered by me in determining defendant's speed.
Defendant was identified by Driver's License
or other (specify):
i.
2.THE METHOD(S) USED TO DETERMINE THE SPEED OF THE INVOLVED VEHICLE WAS/WERE:
Odometer
Laser
Visual estimation
Aircraft
Pacing
Other (specify):
Radar (see items 4, 5, 6, below)
3.
Engineering and traffic survey (ETS) not required per Vehicle Code section 40802, subdivision (b).
4.
ETS completed within five (5) years prior to date of alleged violation.
ETS attached.
ETS on file with the court.
5.
ETS completed within five (5) and seven (7) years prior to date of alleged violation.
(Continued on reverse)
Form Adopted for Mandatory Use
Judicial Council of California TR-235 [New January 1, 2000]
(Trial by Written Declaration—Traffic)
WEST GROUP
OFFICIAL PUBLISHER
Vehicle Code, § 40902
PEOPLE v. DEFENDANT (Name):
5.b.
6.
Arresting/citing officer has successfully completed a radar operator course of not less than 24 hours approved and
certified by the Commission on Peace Officer Standards and Training (POST).
Laser or other electronic device was used to measure speed. Arresting/citing officer successfully completed an
additional training course of not less than two hours approved and certified by POST.
The speed measuring device used to measure the speed of defendant (Serial No:
)
meets or exceeds the minimum operational standards of the National Highway Traffic Safety Administration (NHTSA)
and was last calibrated on (date):
by an independent certified laser/radar repair
and testing/calibration facility.
Equipment accuracy check conducted on (date):
at (time):
and again on (date):
ETS completed within seven (7) and ten (10) years prior to the date of the alleged violation.
A registered engineer has evaluated the section of the highway in question and has determined that no significant
changes in roadway or traffic conditions have occurred.
All of the elements marked under item 5, above, which are applicable.
7.FACTS AND CIRCUMSTANCES (Type or print only. State what happened):
Continued on attachment.
8.OTHER EVIDENCE AND STATEMENTS (Explain any other evidence and statements):
9.DIAGRAM(S) (specify):
Attached.
10. Number of pages attached: _____
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME)
(SIGNATURE OF OFFICER)
ID Number:
Agency NCIC Number:
TR-235 [New January 1, 2000]
Page two
Completing the TR-235 form requires careful attention to detail and adherence to the instructions provided. This form is a crucial part of the process for a trial by written declaration in California. Following the steps outlined below will help ensure that all necessary information is accurately captured and submitted in a timely manner.
The TR-235 form is an official document used in California for a trial by written declaration related to traffic violations. It allows a defendant to contest a citation without appearing in court. The form is completed by the citing officer and must be submitted to the court by a specified return date.
The TR-235 form is filled out by the arresting or citing officer. This officer must provide details about the incident, including their observations, the methods used to determine the speed of the vehicle, and any other relevant information. The officer must also sign the declaration, affirming that the information provided is true and correct.
The form requires several pieces of information, including:
All sections must be completed accurately to ensure the form is valid.
Once the TR-235 form is submitted to the court, the judge will review the officer's declaration along with any evidence provided. The judge will then make a decision regarding the case based on the written statements and evidence. The defendant will be notified of the outcome, which may include the upholding or dismissal of the citation.
The TR-235 form must be submitted to the court by the return date specified on the citation. It is crucial to meet this deadline to ensure that the case is heard. Failing to submit the form on time may result in the automatic upholding of the citation and any associated penalties.
Failing to provide complete and accurate information in the officer's declaration section. Incomplete details can lead to confusion and delays.
Not signing the form. A signature is essential for the declaration to be valid.
Missing the return date. Ensure you submit the form by the specified date to avoid penalties.
Using incorrect citation numbers. Double-check the citation number to ensure it matches the one issued.
Not indicating the method used to determine the vehicle's speed. This information is crucial for the court's understanding of the case.
Failing to attach required Engineering and Traffic Surveys (ETS). If applicable, these documents support the validity of the speed measurement.
Not providing a clear description of the facts and circumstances surrounding the incident. Clarity helps the court grasp the situation better.
Neglecting to mention any other evidence or statements that could support the case. This could include witness statements or photographs.
Using abbreviations or shorthand in the narrative sections. Always write in full sentences for clarity.
Overlooking the need for attachments. If you refer to diagrams or additional pages, make sure to include them and indicate the number of pages attached.
The TR-235 form is an essential document used in California for individuals opting for a trial by written declaration in traffic cases. Along with this form, several other documents may be required or helpful in presenting a complete case. Below is a list of common forms and documents that often accompany the TR-235 form.
Understanding the role of each of these documents can significantly impact the outcome of a trial by written declaration. By preparing a comprehensive package of evidence and forms, defendants can present their cases more effectively and ensure that their rights are upheld in the legal process.
The TR-235 form, used for trial by written declaration in California traffic cases, shares similarities with the Affidavit of Support. This document is often required for individuals sponsoring immigrants. Both forms require personal knowledge and a declaration of facts. Just as the officer must affirm the details of the traffic incident in the TR-235, a sponsor must confirm their financial ability to support the immigrant. Each document serves to establish credibility and accountability, ensuring that the information provided is accurate and truthful.
Another document akin to the TR-235 is the Witness Statement. In both cases, the individual providing information must attest to the truthfulness of their statements. The Witness Statement records observations of an event, similar to how the TR-235 captures an officer's account of a traffic violation. Both documents aim to present factual accounts that can influence the outcome of a case, relying on the integrity of the person making the declaration.
The Incident Report bears a resemblance to the TR-235 as well. Police officers often complete Incident Reports to document events surrounding a crime or traffic incident. Like the TR-235, the Incident Report requires detailed descriptions of the events, including time, place, and involved parties. Both documents serve as official records that can be used in legal proceedings, emphasizing the importance of accuracy and thoroughness in their preparation.
Similar to the TR-235, the Traffic Collision Report is utilized by law enforcement to document the specifics of a traffic accident. Officers detail the circumstances of the collision, including parties involved and any violations observed. Both reports are critical in establishing liability and understanding the context of the incident, with each serving as a foundational piece of evidence in traffic-related legal matters.
The Declaration of Facts is another document that mirrors the TR-235. Used in various legal contexts, this declaration requires the individual to present a clear and factual account of events. In both the TR-235 and the Declaration of Facts, the emphasis is on providing truthful information under penalty of perjury. Each document plays a vital role in establishing the credibility of the information presented to the court.
The Statement of Defense, often used in civil cases, is similar to the TR-235 in that it allows a party to present their side of the story. Just as the officer in the TR-235 must provide a detailed account of the traffic violation, a defendant in a civil case outlines their defense against the claims made. Both documents are essential for ensuring that all perspectives are considered in legal proceedings.
The Subpoena Duces Tecum is another document that has parallels with the TR-235. This legal order requires an individual to produce documents or evidence for a court case. Like the TR-235, which compels the officer to provide a declaration regarding a traffic incident, the Subpoena Duces Tecum ensures that necessary information is presented to the court to support or challenge claims being made.
The Deposition is also comparable to the TR-235. In legal proceedings, a deposition allows attorneys to question a witness under oath, capturing their testimony for use in court. Both documents require individuals to provide truthful accounts of events, and both can significantly impact the outcome of a case. They serve as tools for gathering evidence and clarifying facts surrounding a dispute.
Lastly, the Plea Agreement can be likened to the TR-235 in that both involve formal declarations made to the court. A plea agreement outlines the terms under which a defendant may plead guilty to a charge, often including a statement of facts. Similarly, the TR-235 requires the officer to declare specific facts about a traffic violation. Both documents play crucial roles in the legal process, ensuring that all parties understand the terms and facts involved.
When filling out the TR-235 California form, consider the following guidelines:
Misconceptions about the TR-235 California form can lead to confusion regarding its purpose and usage. Here are four common misunderstandings:
Filling out and using the TR-235 California form is an important process for those involved in traffic violations. Here are six key takeaways to consider: