TR-235 Officer's Declaration (Trial by Written Declaration - Traffic) Judicial Council forms 2025

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The document TR-235 is an Officer's Declaration form used in California for a trial by written declaration related to traffic violations under Vehicle Code section 40902. It requires the arresting officer to provide personal knowledge of the incident, details about the citation, methods used to determine vehicle speed, and any relevant evidence or statements. The officer must complete and return this form to the court by a specified date.

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What does a trial by written declaration mean?

In a trial by declaration, you send in a written statement, along with any evidence you have, to the court to explain what happened. You generally also send in payment. The officer who wrote the ticket then gets a chance to send in their own written statement. A judge then reviews both and mails you a decision.

What happens if you lose a trial by declaration?

Further, if you lose your trial by declaration, you have 20 days to request a new trial! (a Trial de Novo pursuant to CVC 40902-d). You then can appear in court for the first time for your second chance of winning.

How can I get ticket forgiveness in California?

You can use a form to make your request Fill out Form TR-320, Cant Afford to Pay Fine: Traffic and Other Infractions. Mail or take the form to the court. In some courts, you may be able to file this online, called e-filing. A judge will review your request and make a decision.

Do cops respond to trial by written declaration?

Police officers earn $200 to $300 in overtime pay to appear in court on their day off. However, officers are paid nothing to write up their version of events when you request a trial by written declaration. In approximately 30% of these cases, they fail to return a declaration of facts, resulting in a dismissal.

What to write on trial by written declaration?

With this form, you should provide a full written account of what happens and make sure that you include all of the right details. You might be interested in including evidence. If thats the case, then you should explain in your statement what evidence you are attaching whether this is photographs or diagrams.

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