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 detailed information about the citation and the circumstances surrounding it. Completing this form accurately is essential for a fair review of the case; fill it out by clicking the button below.
The TR-235 California form plays a crucial role in the process of contesting traffic citations through a written declaration. This form is specifically designed for situations where a defendant chooses to contest a traffic violation without appearing in court. It serves as a declaration by the arresting or citing officer, detailing the circumstances surrounding the citation. Key aspects of the form include the officer's personal knowledge of the incident, the methods used to determine the speed of the involved vehicle, and the maintenance of any equipment utilized during the enforcement. The officer must provide specific information such as their identification, citation number, and the date of the alleged violation. Additionally, the form requires the officer to affirm that all statements are accurate and to submit any supporting evidence or diagrams that may aid in the case. By following the outlined instructions and returning the completed form by the specified date, the officer contributes to a fair evaluation of the traffic violation in question.
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
After completing the TR-235 form, the next step involves submitting it to the appropriate court by the specified return date. Ensure all sections are filled out accurately to avoid delays in processing.
What is the TR-235 California form?
The TR-235 form is an official document used in California for a trial by written declaration related to traffic violations. It allows defendants to contest a citation without appearing in court. Instead, the officer involved submits a declaration to the court, providing evidence and statements regarding the alleged violation.
Who needs to complete the TR-235 form?
The TR-235 form must be completed by the officer who issued the citation. This officer provides a declaration that includes their observations, evidence, and any relevant details regarding the incident. The form is then submitted to the court by a specified return date.
What information is required on the TR-235 form?
The form requires various pieces of information, including the court's name and address, the citation number, the officer's name and ID, and details about the incident. The officer must also indicate whether they were on duty, wearing a uniform, and if they witnessed the offense. Additionally, they must provide information about the methods used to determine the defendant's speed if applicable.
What is a "trial by written declaration"?
A trial by written declaration is a process that allows defendants to contest traffic citations without appearing in court. Instead of a live hearing, both the defendant and the citing officer submit written statements and evidence. The judge reviews these documents and makes a decision based on the information provided.
What happens if the officer does not return the TR-235 form by the due date?
If the officer fails to return the TR-235 form by the specified return date, the court may dismiss the citation. This means the defendant would not have to pay the fine or face any penalties associated with the citation. Timeliness is crucial for both parties involved in the process.
Can a defendant provide evidence with the TR-235 form?
Yes, defendants can submit additional evidence along with their written declaration. This may include photographs, diagrams, or witness statements that support their case. It is essential to clearly label and attach any additional documents to the declaration for the judge's review.
What if the officer's declaration contains inaccuracies?
If a defendant believes the officer's declaration contains inaccuracies, they can contest these claims in their own written statement. It is important to provide clear evidence or reasoning that supports the defendant's perspective. The judge will take both declarations into account when making a decision.
How long does it take to receive a decision after submitting the TR-235 form?
The time frame for receiving a decision can vary depending on the court's workload and procedures. Generally, defendants can expect to receive a ruling within a few weeks to a couple of months after the forms have been submitted. It is advisable to check with the court for specific timelines.
Is there a fee associated with filing the TR-235 form?
There is typically no additional fee for filing the TR-235 form itself, as it is part of the process of contesting a citation. However, defendants should be aware that other fees may apply depending on the circumstances of their case or if they choose to pursue additional legal actions.
What should a defendant do after receiving the court's decision?
After receiving the court's decision, defendants should carefully review the ruling. If the decision is in their favor, no further action is needed. However, if the ruling is unfavorable, they may have options for appeal or other legal recourse, which should be discussed with a legal professional.
Filling out the TR-235 California form can be a straightforward process, but there are common mistakes that individuals often make. One significant error is failing to provide complete information in the “Facts and Circumstances” section. This area requires a clear account of what transpired during the incident. Incomplete or vague descriptions can lead to misunderstandings and may weaken the case.
Another frequent mistake involves neglecting to check all applicable statements in the officer’s declaration. Each statement must be carefully reviewed and marked as true or false. Omitting a relevant statement can create gaps in the narrative, potentially impacting the outcome of the trial. It is crucial to ensure that every statement reflects the facts accurately.
People often overlook the importance of signatures and dates. The officer must sign and date the form to validate the declaration. A missing signature or date can render the form invalid, causing delays or the need to resubmit. Attention to detail in this area is essential for the form to be accepted by the court.
In addition, failing to attach necessary documentation, such as the Engineering and Traffic Survey (ETS), can be problematic. If the ETS is required and not provided, it may lead to the dismissal of the case or a lack of evidence to support the claims made in the declaration. Ensuring that all supporting documents are included is vital.
Lastly, individuals sometimes submit the form after the specified return date. Timeliness is critical in legal processes. Late submissions can result in automatic penalties or unfavorable judgments. It is important to be aware of deadlines and to submit the completed form promptly to avoid complications.
When dealing with traffic violations in California, the TR-235 form is just one piece of the puzzle. Several other documents often accompany this form, each serving a specific purpose in the legal process. Understanding these documents can help clarify the situation and ensure that all necessary information is presented effectively.
Each of these documents plays a vital role in the trial process for traffic violations. By understanding their functions and how they interact with the TR-235 form, individuals can navigate the legal landscape more effectively and make informed decisions regarding their cases.
The TR-235 California form is an important document used in traffic cases, specifically for trials by written declaration. Several other documents share similarities with it. Below are four such documents, along with explanations of how they are similar to the TR-235:
When filling out the TR-235 California form, it’s essential to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do:
Following these guidelines will help ensure that your form is processed smoothly and efficiently. Take your time and double-check your work to avoid any mistakes.
Misunderstandings about the TR-235 California form can lead to confusion for defendants and officers alike. Here are some common misconceptions:
Understanding these misconceptions can help both defendants and officers navigate the process more effectively.
Filling out and utilizing the TR-235 form in California requires careful attention to detail. Here are key takeaways to ensure a smooth process: