Content Overview
The TR 235 California form serves a critical function in the judicial process for traffic violations, specifically for cases where defendants choose to contest their citations through a written declaration. This form is utilized by law enforcement officers to provide a comprehensive account of the circumstances surrounding the alleged traffic offense. It requires the officer to affirm their personal knowledge of the facts, detailing the events that occurred, including the time, location, and nature of the offense. The officer must indicate whether they were on duty, in uniform, and the methods used to determine the defendant's speed if applicable. Additionally, the form includes sections for the officer to report on the condition of any equipment used, the visibility of traffic signs, and the maintenance of the vehicle involved. The TR 235 also mandates that the officer submit any necessary engineering and traffic surveys, ensuring that the evidence presented is both relevant and accurate. By completing this form, the officer plays a pivotal role in the legal proceedings, providing the court with essential information to make an informed decision regarding the case.
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OFFICER'S DECLARATION
(Trial by Written Declaration—Vehicle Code, § 40902)
TR-235
OFFICER'S DECLARATION
(Trial by Written Declaration—Traffic)
Form Adopted for Mandatory Use
Judicial Council of California
TR-235 [New January 1, 2000]
Vehicle Code, § 40902
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.
FOR COURT USE ONLY
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PEOPLE OF THE STATE OF CALIFORNIA
DEFENDANT:
vs.
NAME OF COURT:
CITATION NUMBER/DATE ISSUED:
CASE NUMBER:
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.
1.
2.
At the time of the citation I was a peace officer on-duty
RETURN DATE:
OFFICE [IF ANY]:AGENCY NAME:
ARRESTING/CITING OFFICER NAME/ID NO.:
a.
b.
The offense(s) were not committed in my presence.
c. Any statement(s) made by the defendant were voluntary, recorded verbatim
and is/are reasonably complete and accurate in substance.
not verbatim
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.
THE METHOD(S) USED TO DETERMINE THE SPEED OF THE INVOLVED VEHICLE WAS/WERE:
a.
b.
c.
d.
e.
f.
Odometer
Visual estimation
Pacing
Radar (see items 4, 5, 6, below)
Laser
Aircraft
a.
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.
b.
ETS attached.
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.
TELEPHONE:
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.
i.
Defendant was identified by Driver's License
g.
Other (specify):
or other (specify):
WEST GROUP
Official Publisher
PEOPLE v. DEFENDANT (Name):
CASE NUMBER:
c.
d.
e.
f.
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):
6.
a.
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.
b.
All of the elements marked under item 5, above, which are applicable.
7.
5.
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.
OFFICER'S DECLARATION
(Trial by Written Declaration—Traffic)
TR-235 [New January 1, 2000]
Page two
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(SIGNATURE OF OFFICER)(TYPE OR PRINT NAME)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Number of pages attached: _____
ID Number:
Agency NCIC Number:
b. ETS on file with the court.
WEST GROUP
Official Publisher
Form Specifications
| Fact Name | Fact Description |
|---|---|
| Name of Court | The TR-235 form is used in the California court system for traffic violations. |
| Governing Law | This form is governed by the California Vehicle Code, specifically section 40902. |
| Purpose | The form allows defendants to opt for a trial by written declaration instead of appearing in court. |
| Officer's Declaration | The officer must declare their personal knowledge of the facts related to the citation. |
| Return Date | The completed form must be returned to the court by a specified return date. |
| Evidence Requirements | Officers must provide evidence supporting the citation, including maintenance records of speed measurement devices. |
| Signature Requirement | The officer must sign the form, declaring the information true under penalty of perjury. |
Tr 235 California: Usage Guidelines
Completing the TR-235 form is an essential step in the trial by written declaration process for traffic violations in California. This form must be filled out accurately and submitted by the designated return date. Here’s how to fill out the form step-by-step.
- Identify the Court Information: Write the name of the court at the top of the form, followed by the street address, mailing address, city, zip code, branch name, and telephone number.
- Fill in the Case Details: Provide the names of the parties involved, including "People of the State of California" and the "Defendant." Include the citation number and date issued, the arresting officer's name and ID number, the agency name, and the case number.
- Officer's Declaration: State your personal knowledge of the facts. Specify the county where the incident occurred, and provide the date, time, and location as stated in the citation.
- Check Applicable Statements: Review the list of statements regarding the citation and check all that apply. This includes details about your status as a peace officer, the presence of the offense, and the accuracy of any statements made by the defendant.
- Document Speed Measurement Methods: Specify the methods used to determine the speed of the involved vehicle. Check all applicable methods from the provided list, such as radar, laser, or pacing.
- Complete Engineering and Traffic Survey (ETS) Information: Indicate whether an ETS was completed within the required timeframe and attach any relevant documents if necessary.
- Provide Facts and Circumstances: Type or print a detailed account of the events that transpired during the citation. Be clear and concise.
- Include Other Evidence and Statements: Explain any additional evidence or statements that support your case. Attach any relevant documents if necessary.
- Attach Diagrams: If applicable, specify and attach any diagrams that illustrate the situation or events related to the citation.
- Count Attached Pages: Indicate the total number of pages attached to the form.
- Sign and Date the Form: Finally, print your name, sign the form, and include your ID number and agency NCIC number. Ensure that the date is filled in correctly.
After completing these steps, review the form for accuracy and ensure all required sections are filled out before submitting it to the court by the specified return date. Timeliness and precision are crucial in this process.
Your Questions, Answered
What is the TR-235 form used for?
The TR-235 form is used in California for a trial by written declaration regarding traffic violations. This allows a defendant to contest a citation without appearing in court. Instead, the officer involved in the case provides a written declaration to the court, detailing the circumstances surrounding the citation.
Who fills out the TR-235 form?
The TR-235 form is filled out by the citing officer. The officer must provide information about the citation, including their observations and any evidence related to the alleged violation. The officer's declaration is crucial for the court's review of the case.
What information is required on the TR-235 form?
The form requires details such as the officer's name and ID number, the citation number, the date it was issued, and the case number. Additionally, the officer must provide a declaration regarding their knowledge of the events, the method used to determine speed, and any relevant evidence or diagrams.
What is a "trial by written declaration"?
A trial by written declaration allows defendants to contest a traffic citation through written statements rather than in-person court appearances. This process can save time and resources for both the defendant and the court system.
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 case against the defendant. This emphasizes the importance of timely submission of the form by the officer.
Can defendants provide their own statements with the TR-235 form?
Yes, defendants can submit their own written statements or evidence to accompany the TR-235 form. This additional information can support their case and provide context to the officer's declaration.
What types of evidence can be included with the TR-235 form?
Evidence may include diagrams, photographs, or other documents that support the defendant's claims. The officer may also include any relevant evidence that substantiates the citation issued.
How does the court review the TR-235 form?
The court reviews the TR-235 form and any accompanying evidence to determine whether the citation should be upheld or dismissed. Both the officer's declaration and the defendant's statements are considered in this process.
Is there a fee associated with filing the TR-235 form?
Typically, there is no additional fee for filing a trial by written declaration. However, defendants should verify with their local court to confirm any specific requirements or potential fees associated with their case.
What should I do if I have more questions about the TR-235 form?
If you have further questions about the TR-235 form or the trial by written declaration process, it is advisable to contact the court where your citation was issued. They can provide specific guidance and information related to your case.
Common mistakes
-
Incomplete Information: Failing to fill out all required fields can lead to delays or rejection of the form. Ensure that every section, such as the court name and citation number, is completed accurately.
-
Incorrect Dates: Providing the wrong date for the citation or the return date can create confusion. Double-check all dates to ensure they match the citation details.
-
Missing Signatures: Forgetting to sign the form can result in it being deemed invalid. Always remember to sign and date the declaration before submission.
-
Failure to Attach Evidence: Not including necessary evidence or diagrams can weaken the case. Attach all relevant documents to support the statements made in the form.
-
Inaccurate Officer Information: Providing incorrect details about the arresting officer, such as name or ID number, can lead to complications. Verify all officer information before submission.
-
Neglecting to Review Statements: Failing to review the statements for accuracy can result in discrepancies. Carefully read through all statements to ensure they are truthful and complete.
-
Omitting Required Attachments: Forgetting to include necessary attachments, like the Engineering and Traffic Survey (ETS), can invalidate the submission. Ensure all required documents are included.
-
Ignoring Submission Deadlines: Submitting the form after the return date can lead to penalties. Mark the return date clearly and submit the form on time.
Documents used along the form
The TR-235 form is used in California for a trial by written declaration related to traffic violations. When submitting this form, individuals may also need to complete additional documents that support their case. Below is a list of commonly used forms and documents that accompany the TR-235.
- Citation: This document contains details about the alleged traffic violation, including the date, time, and location of the incident. It serves as the official notice issued to the defendant by law enforcement.
- Officer's Report: This report provides a narrative of the incident from the officer's perspective. It may include observations, evidence collected, and the rationale for issuing the citation.
- Engineering and Traffic Survey (ETS): An ETS assesses the conditions of the roadway and traffic patterns. This document may be required to support the validity of the citation, particularly for speed-related violations.
- Evidence Attachments: Any additional evidence, such as photographs, diagrams, or witness statements, can be submitted to strengthen the case. These attachments help clarify the circumstances surrounding the alleged violation.
- Declaration of Defendant: This is a statement from the defendant detailing their account of the incident. It may include arguments or explanations regarding the circumstances of the traffic stop or citation.
These documents play a crucial role in the trial by written declaration process, allowing both the officer and the defendant to present their sides of the case effectively. Proper completion and submission of these forms can significantly impact the outcome of the trial.
Similar forms
- TR-210: Notice to Appear - This document informs a defendant of their obligation to appear in court. Similar to the TR-235, it involves a traffic violation but does not allow for a written declaration option.
- TR-180: Request for Trial by Written Declaration - This form allows a defendant to request a trial by written declaration, similar to the TR-235, but focuses on the defendant’s request rather than the officer’s declaration.
- TR-130: Traffic Citation - The traffic citation serves as the initial notice of a violation. Like the TR-235, it documents the details of the alleged offense but does not include the officer's statement.
- TR-200: Traffic Violation Complaint - This document initiates a formal complaint against a driver for a traffic violation. It is similar in purpose to the TR-235 but lacks the trial by written declaration process.
- TR-250: Officer's Report - This report details the officer's observations and actions during a traffic stop. It parallels the TR-235 in that it provides the officer's perspective but is not specifically for written declarations.
- TR-240: Declaration of Service - This document verifies that a citation was served to the defendant. It shares a commonality with the TR-235 in the context of legal procedures but does not address the trial process.
- TR-220: Traffic Court Information Sheet - This sheet provides information about traffic court procedures. Like the TR-235, it serves individuals involved in traffic violations but does not include a declaration component.
- TR-260: Appeal of Traffic Citation - This form is used to appeal a traffic citation decision. It is similar to the TR-235 in that both relate to traffic violations, but the TR-260 focuses on the appeal process rather than the initial trial by written declaration.
Dos and Don'ts
When filling out the TR-235 California form, it is essential to ensure accuracy and clarity. Here are some guidelines to follow, as well as some common pitfalls to avoid:
- Do: Read the instructions carefully before starting.
- Do: Provide clear and concise information about the incident.
- Do: Ensure that all required fields are completed.
- Do: Sign and date the form before submitting it to the court.
- Don't: Leave any sections blank unless instructed to do so.
- Don't: Use abbreviations or unclear language that may confuse the reader.
- Don't: Submit the form after the return date.
- Don't: Forget to attach any additional evidence or diagrams that support your declaration.
Misconceptions
Misconceptions about the TR-235 California form can lead to confusion for both defendants and officers involved in traffic violations. Here are six common misunderstandings:
- Misconception 1: The TR-235 form is only for serious offenses.
- Misconception 2: The officer's declaration is optional.
- Misconception 3: A trial by written declaration is the same as a regular court trial.
- Misconception 4: The defendant has no chance to contest the officer's statements.
- Misconception 5: There is no deadline for submitting the TR-235 form.
- Misconception 6: The TR-235 form is the only document needed for the trial.
This form can be used for a variety of traffic violations, not just serious ones. It applies to any citation where a trial by written declaration is requested.
The officer's declaration is a crucial part of the process. It provides the court with the necessary facts surrounding the incident and must be completed and returned by the officer.
A trial by written declaration does not involve a physical court appearance. Instead, both the defendant and the officer submit written statements for the judge to review.
The defendant can present their side of the story through their written declaration. They can challenge the officer's claims and provide evidence to support their case.
There is a specific return date by which the officer must submit the completed form. Failing to meet this deadline can affect the outcome of the case.
While the TR-235 form is essential, additional evidence or statements may be required. Both parties can attach supporting documents to strengthen their cases.
Key takeaways
Filling out and using the TR-235 California form requires attention to detail and adherence to specific guidelines. Here are key takeaways to ensure proper completion and submission:
- The TR-235 form is used for a trial by written declaration in traffic cases under Vehicle Code section 40902.
- All sections of the form must be completed accurately, including the officer's declaration and details about the incident.
- The officer must indicate whether they were on-duty and in uniform at the time of the citation.
- Any statements made by the defendant should be noted as either recorded verbatim or not, impacting their reliability.
- It is crucial to specify the methods used to determine the vehicle's speed, including any equipment employed.
- The officer's declaration must include details about the calibration of speed measuring devices and their compliance with standards.
- Attach any relevant Engineering and Traffic Surveys (ETS) to support the case, ensuring they meet the required timelines.
- Provide a clear account of the facts and circumstances surrounding the incident, using precise language.
- Sign and date the form, confirming the information is true under penalty of perjury.