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The TR-235 California form serves as a vital document in the process of contesting traffic citations through a written declaration. This form is specifically designed for situations where a defendant chooses to challenge their citation without appearing in court, as permitted under Vehicle Code section 40902. Key elements of the form include an officer's declaration, where the citing officer provides detailed information regarding the circumstances surrounding the citation. The officer must confirm their presence during the incident, the methods used to determine the defendant's speed, and the condition of any equipment utilized. Additionally, the form requires the officer to attest to the accuracy of any evidence collected, such as diagrams and engineering surveys. The TR-235 not only facilitates a streamlined process for defendants but also ensures that all pertinent information is documented and submitted to the court by a specified return date, ultimately contributing to a fair examination of the case.

Sample - Tr 235 California Form

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:

a.

b.

c.

d.

Odometer

e.

 

Laser

Visual estimation

 

 

Aircraft

f.

 

Pacing

 

 

Other (specify):

g.

 

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.

 

 

 

a.

 

ETS attached.

 

 

 

 

 

 

 

 

 

 

b.

 

ETS on file with the court.

5.

 

ETS completed within five (5) and seven (7) years prior to date of alleged violation.

 

 

 

 

 

 

 

 

a.

 

ETS attached.

 

 

 

 

(Continued on reverse)

Form Adopted for Mandatory Use

Judicial Council of California TR-235 [New January 1, 2000]

OFFICER'S DECLARATION

(Trial by Written Declaration—Traffic)

WEST GROUP

OFFICIAL PUBLISHER

Vehicle Code, § 40902

PEOPLE v. DEFENDANT (Name):

CASE NUMBER:

5.b.

c.

d.

e.

f.

6.

ETS on file with the court.

 

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):

at (time):

ETS completed within seven (7) and ten (10) years prior to the date of the alleged violation.

a.

 

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.

b.

 

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):

Continued on attachment.

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]

OFFICER'S DECLARATION

(Trial by Written Declaration—Traffic)

WEST GROUP

OFFICIAL PUBLISHER

Page two

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Form Information

Fact Name Description
Form Purpose The TR-235 form is used for a trial by written declaration in traffic cases in California.
Governing Law This form is governed by California Vehicle Code section 40902.
Officer's Declaration The form requires the arresting officer to declare facts related to the traffic violation.
Return Date Officers must return the completed form to the court by a specified return date.
Evidence Requirements Officers must provide evidence, including diagrams and calibration details, to support the citation.
Speed Measurement Methods The form allows various methods for determining vehicle speed, such as radar and pacing.
ETS Requirements An Engineering and Traffic Survey (ETS) may be required, depending on the age of the survey.
Officer Training Officers must complete specific training courses related to speed measurement devices.
Signature Requirement The officer must sign the form, declaring the information to be true under penalty of perjury.
Form Adoption The TR-235 form was adopted for mandatory use by the Judicial Council of California on January 1, 2000.

Detailed Guide for Filling Out Tr 235 California

Filling out the TR-235 form is a crucial step in the process of a trial by written declaration in California. This form must be completed accurately and returned to the court by the specified return date. Below are the detailed steps to guide you through the process of filling out the TR-235 form.

  1. Identify the Court: At the top of the form, write the name of the court where the case is being heard.
  2. Fill in the Address: Provide the street address and mailing address of the court, along with the city and zip code.
  3. Branch Name: If applicable, include the branch name of the court.
  4. Contact Information: Enter the telephone number of the court.
  5. Case Information: Fill in the case number, citation number, and the date the citation was issued.
  6. Officer's Details: Provide the name and ID number of the arresting or citing officer, as well as the agency name.
  7. Declaration Section: In the officer's declaration section, check all statements that apply regarding the incident. Be sure to specify the county, date, time, and location of the events.
  8. Method of Speed Determination: Indicate the methods used to determine the speed of the vehicle involved in the incident, selecting from the options provided.
  9. Engineering and Traffic Survey: State whether an engineering and traffic survey (ETS) was completed and provide the necessary details.
  10. Facts and Circumstances: Type or print a clear account of the events that occurred during the incident. Attach additional pages if necessary.
  11. Other Evidence: Explain any other evidence or statements relevant to the case, including diagrams if applicable.
  12. Signature: Finally, sign and date the form, and print your name below your signature. Include your ID number and agency information as required.

Once completed, review the form for accuracy and ensure all necessary attachments are included. Timely submission of the TR-235 form is essential to ensure your case is heard appropriately.

Obtain Answers on Tr 235 California

  1. What is the purpose of the TR-235 form?

    The TR-235 form is used in California for a trial by written declaration in traffic cases. It allows a defendant to contest a traffic citation without appearing in court. Instead, the defendant submits a written statement, and the arresting officer provides their declaration regarding the circumstances of the citation.

  2. Who fills out the TR-235 form?

    The form is completed by the arresting or citing officer. This officer must provide information about the traffic violation, including details about the event, the methods used to determine the speed of the vehicle, and any relevant evidence or statements.

  3. What information is required from the officer on the form?

    The officer must include several details, such as:

    • The date, time, and location of the incident.
    • The citation number and the defendant's identification.
    • A declaration of their knowledge regarding the facts of the case.
    • Details on the speed measurement methods used.
    • Any additional evidence or diagrams that support the citation.
  4. What are the options for speed measurement methods on the TR-235?

    The form allows officers to check multiple methods used to determine the vehicle's speed, including:

    • Radar
    • Laser
    • Pacing
    • Visual estimation
    • Odometer
    • Aircraft
    • Other specified methods
  5. What is the Engineering and Traffic Survey (ETS) requirement?

    The ETS is a study that assesses the traffic conditions and safety of the area where the violation occurred. The TR-235 form requires that an ETS be completed within a specific timeframe to support the citation. The officer must indicate if an ETS is attached or on file with the court, and whether it meets the necessary criteria.

  6. How does the officer ensure the accuracy of speed measurement devices?

    The officer must confirm that any speed measurement device used, such as radar or laser, meets the operational standards set by the National Highway Traffic Safety Administration (NHTSA). Additionally, the officer must provide details about the calibration of the device, including the date of the last calibration and any accuracy checks performed.

  7. What happens after the TR-235 form is completed?

    Once the officer completes the TR-235 form, they must sign and date it, declaring that the information provided is true and correct. The completed form must then be returned to the court by the specified return date.

  8. Can the defendant submit additional evidence?

    Yes, the defendant may include additional evidence or statements to support their case. This could include photographs, diagrams, or witness statements that contest the officer's declaration or provide context for the incident.

  9. What are the consequences of submitting false information on the TR-235?

    Submitting false information on the TR-235 form can lead to serious legal consequences. The officer declares under penalty of perjury that the information is accurate. If it is found to be false, the officer could face disciplinary actions, including potential criminal charges.

Common mistakes

When filling out the TR-235 California form, individuals often encounter various challenges that can lead to mistakes. One common error is not providing complete information in the designated fields. For example, failing to include the name of the court or the case number can result in significant delays in processing the form. Each section is designed to gather specific details, and omitting any of these can lead to confusion and complications in the legal process.

Another frequent mistake involves the officer's declaration section. It is essential for the officer to accurately check all statements that apply. Sometimes, officers may overlook certain statements or check those that do not apply to their situation. This can create inconsistencies in the declaration and may undermine the validity of the evidence presented. Ensuring that all checked statements are truthful and relevant is crucial for the integrity of the trial.

Moreover, many individuals fail to adhere to the required deadlines for submitting the form. The TR-235 form has a specific return date that must be followed. Submitting the form late can result in the case being dismissed or other negative consequences. It is vital to keep track of the timeline and ensure that all documentation is submitted promptly to avoid any issues.

In addition, errors in the method of determining speed can also occur. Officers must be precise when indicating the methods used, such as radar or pacing. Misreporting the method can lead to questions about the reliability of the evidence. It is important to provide accurate details and ensure that all equipment used was properly maintained and calibrated.

Lastly, individuals may neglect to include supporting evidence or diagrams as required. The TR-235 form allows for attachments to be submitted, and failing to include these can weaken a case. Any diagrams or additional evidence should be clearly labeled and referenced in the form. This additional information can be vital in supporting the claims made in the declaration.

Documents used along the form

The TR-235 form is a critical document used in California for traffic violations when a defendant opts for a trial by written declaration. Several other forms and documents often accompany this form to ensure proper processing and legal compliance. Below is a list of these related documents, each serving a specific purpose in the legal process.

  • Traffic Citation (Ticket): This document is issued by law enforcement when a driver is alleged to have committed a traffic violation. It contains essential information such as the date, time, and location of the offense, as well as the specific violation charged. The citation is the basis for the case and must be referenced in the TR-235 form.
  • Officer's Report: This report provides a detailed account of the incident from the officer's perspective. It may include observations made at the scene, evidence collected, and any statements made by the defendant. The officer's report supports the claims made in the TR-235 form and can be crucial for the court's decision.
  • Engineering and Traffic Survey (ETS): An ETS evaluates the conditions of the roadway and traffic patterns where the alleged violation occurred. This survey helps establish the validity of speed limits and other traffic regulations. If applicable, an ETS must be submitted with the TR-235 form to demonstrate compliance with legal standards.
  • Calibration Records: These records document the maintenance and calibration of speed-measuring devices used by law enforcement. They ensure that the equipment was functioning correctly at the time of the citation. Proper calibration records are essential for the court to determine the accuracy of the evidence presented.

Understanding these accompanying documents can help defendants navigate the legal process more effectively. Each form plays a vital role in building a comprehensive case, ensuring that all relevant information is presented to the court for consideration.

Similar forms

The TR-235 California form is a specific document used in traffic cases for a trial by written declaration. Several other documents share similarities with the TR-235 in terms of purpose, structure, or content. Here are eight such documents:

  • TR-210: Notice to Appear - This document informs a defendant of the charges against them and the requirement to appear in court, similar to how the TR-235 outlines the trial process.
  • TR-220: Traffic Citation - Like the TR-235, this form is used to record the details of a traffic violation, including the officer's observations and the defendant's information.
  • TR-300: Officer's Report - This report provides a detailed account of the incident, similar to the officer's declaration in the TR-235, which requires the officer to state their observations and conclusions.
  • TR-250: Traffic Accident Report - This document is used to summarize the facts surrounding a traffic accident, much like how the TR-235 summarizes the circumstances of a traffic violation.
  • TR-280: Statement of Facts - This form allows the officer to present facts related to a traffic stop, similar to the factual statements required in the TR-235.
  • TR-230: Declaration of Defendant - This document allows the defendant to present their side of the case, paralleling the TR-235’s function in allowing the officer to submit their declaration.
  • TR-400: Traffic School Completion Certificate - This certificate indicates that a defendant has completed traffic school, which can be relevant in cases where the TR-235 is used for trial by written declaration.
  • TR-500: Request for Trial by Written Declaration - This form is specifically used to request a trial by written declaration, directly related to the purpose of the TR-235.

Dos and Don'ts

When filling out the TR-235 California form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here is a list of dos and don'ts to help you through the process:

  • Do read the instructions carefully before starting the form.
  • Do provide accurate and complete information regarding the citation and the involved parties.
  • Do check all statements that apply to your situation.
  • Do sign and date the form before submission.
  • Do ensure that any diagrams included are clear and accurately represent the situation.
  • Don't leave any sections blank unless instructed to do so.
  • Don't provide false information or misrepresent facts.
  • Don't forget to attach any additional evidence or statements as required.
  • Don't submit the form after the return date; adhere to the timeline provided.
  • Don't use abbreviations or shorthand that may cause confusion.

Misconceptions

Misconceptions about the TR-235 California form can lead to confusion for those involved in traffic violations. Below are nine common misconceptions and clarifications regarding the form:

  1. The TR-235 form is only for serious offenses. This form is used for various traffic violations, not just serious ones. It allows defendants to contest citations through a written declaration.
  2. Only the officer can fill out the TR-235 form. While the officer's declaration is essential, defendants can also provide their statements and evidence as part of the process.
  3. The form must be submitted in person. The TR-235 can be submitted by mail, allowing defendants to avoid a court appearance.
  4. All evidence must be submitted with the form. While it is beneficial to include evidence, additional documents can be submitted later if necessary.
  5. Filling out the TR-235 guarantees a dismissal of the citation. Completing the form does not guarantee that the citation will be dismissed. The court will review all submitted information before making a decision.
  6. The officer's declaration is the only factor considered. The court evaluates both the officer's and the defendant's statements, along with any supporting evidence.
  7. The TR-235 form is only for California residents. Although the form is specific to California law, it can be used by anyone receiving a citation in California, regardless of residency.
  8. There is no deadline for submitting the TR-235 form. The form must be submitted by a specified return date, which is indicated on the citation.
  9. Using the TR-235 form is a complicated process. While there are specific instructions, many find the process straightforward with proper guidance.

Key takeaways

When filling out and using the TR-235 California form, keep these key takeaways in mind:

  • Understand the Purpose: The TR-235 form is used for a trial by written declaration in traffic cases, allowing defendants to contest citations without appearing in court.
  • Complete All Sections: Ensure that every section of the form is filled out completely, including the officer's declaration and any necessary attachments.
  • Timeliness is Crucial: Submit the completed form by the specified return date to avoid penalties or dismissal of the case.
  • Accurate Information: Provide accurate details regarding the incident, including the date, time, and location, as well as the officer's observations and evidence.
  • Evidence Matters: Attach any relevant evidence, such as diagrams or engineering and traffic surveys, to support the case.
  • Signature Required: The officer must sign the form, affirming the truthfulness of the statements made under penalty of perjury.
  • Consult Resources: Familiarize yourself with the Vehicle Code section 40902 to understand the legal framework surrounding the trial by written declaration process.