TR-235 Officer's Declaration
(Continued on reverse)
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):
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
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