TR-235 Officer's Declaration (Trial by Written Declaration - Traffic) Judicial Council forms 2026

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  1. Click ‘Get Form’ to open the TR-235 Officer's Declaration in the editor.
  2. Begin by filling in the court details, including the name of the court, street address, mailing address, city and zip code, branch name, and telephone number.
  3. Enter the defendant's information along with the citation number and date issued. Ensure that you accurately input your name and ID number as the arresting officer.
  4. In the Officer's Declaration section, check all applicable statements regarding your knowledge of the facts. Be sure to indicate whether you were on-duty for traffic enforcement and if you were wearing a uniform.
  5. Detail how you determined the speed of the involved vehicle by selecting from options like radar or pacing. Provide any necessary calibration details for equipment used.
  6. In the Facts and Circumstances section, type or print a clear account of what occurred during the incident. Attach additional pages if needed.
  7. Finally, review all entries for accuracy before signing and dating your declaration at the bottom of the form.

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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.
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.
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.
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.
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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