Download Tr 235 California Form

1. What is the TR-235 form?

   The TR-235 form is used in California for a trial by written declaration related to traffic violations. It allows a defendant to contest a citation without appearing in court. The form must be filled out by the citing officer and submitted to the court by a specified return date.

2. Who fills out the TR-235 form?

   The TR-235 form is filled out by the arresting or citing officer. They provide details about the traffic violation, including their observations and evidence supporting the citation.

3. What information is required on the TR-235 form?

   The form requires various details, including:

   • Name of the court
   • Citation number and date issued
   • Officer's name and ID number
   • Case number
   • Details of the alleged violation
   • Methods used to determine the speed of the vehicle
   • Any attached evidence or diagrams

4. What is the return date on the TR-235 form?

   The return date is the deadline by which the completed form must be submitted to the court. This date is specified on the form and is crucial for ensuring that the trial by written declaration proceeds without delays.

5. What happens if the officer does not return the TR-235 form by the due date?

   If the officer fails to return the form by the due date, the court may dismiss the citation or the case may proceed without the officer's input. This could result in a more favorable outcome for the defendant.

6. Can a defendant provide additional evidence with the TR-235 form?

   Yes, defendants can submit additional evidence along with the TR-235 form. This may include witness statements, photographs, or other documents that support their case.

7. What types of violations can be contested using the TR-235 form?

   The TR-235 form is typically used for traffic violations under the California Vehicle Code. Common examples include speeding, running a red light, and other moving violations.

8. Is there a fee associated with submitting the TR-235 form?

   There may be a fee to contest a traffic citation, which varies by court. It is advisable to check with the specific court for any applicable fees related to the TR-235 form submission.

9. How does the court make a decision based on the TR-235 form?

   The court reviews the completed TR-235 form, along with any evidence submitted by both the officer and the defendant. Based on this information, the court makes a decision regarding the citation.

10. Can a defendant appeal the court's decision made from the TR-235 form?

    Yes, if a defendant disagrees with the court's decision, they may have the option to appeal. The process for appealing will depend on the court's rules and procedures.

When filling out the TR-235 California form, there are several important dos and don'ts to keep in mind. Following these guidelines can help ensure that your submission is clear and effective.

• Do read all instructions carefully before starting.
• Do provide accurate information regarding the incident, including dates, times, and locations.
• Do sign and date the form to validate your declaration.
• Do check all boxes that apply to your situation.
• Don't leave any required fields blank; incomplete forms may be rejected.
• Don't use jargon or unclear language; keep your statements straightforward and factual.

Here are some common misconceptions about the TR-235 California form, which is used for a trial by written declaration in traffic cases:

• Misconception 1: The TR-235 form is only for serious traffic violations.

This form can be used for a variety of traffic offenses, not just the more serious ones. Minor infractions, like speeding or running a stop sign, can also be addressed through this process.

• Misconception 2: You must appear in court to contest a traffic citation.

Many people believe that a court appearance is mandatory. However, the TR-235 form allows you to contest the citation without being physically present in court.

• Misconception 3: The officer's declaration is always biased against the defendant.

While the officer's declaration does support the citation, it is based on their observations and evidence. The declaration must adhere to specific guidelines, ensuring that it is accurate and fair.

• Misconception 4: Submitting the TR-235 form guarantees a dismissal of the ticket.

Filing the TR-235 does not automatically lead to a dismissal. The court will review all submitted evidence and make a decision based on the facts presented.

When dealing with the TR-235 form in California, several other documents may also be required or helpful in the process of a trial by written declaration. Each of these documents serves a specific purpose and can help clarify the circumstances surrounding the case.

• Citation (Ticket): This is the initial ticket issued by the officer, detailing the alleged violation. It includes critical information such as the date, time, and location of the incident, as well as the specific Vehicle Code section violated.
• Officer's Report: This report provides a detailed account of the incident from the officer's perspective. It may include observations, evidence collected, and any relevant interactions with the defendant at the time of the citation.
• Engineering and Traffic Survey (ETS): An ETS evaluates traffic conditions and safety at the location of the alleged violation. It helps determine if speed limits and traffic control devices are appropriate and properly maintained.
• Calibration Records: These documents show that the speed measuring devices used by the officer were properly calibrated and maintained. They are crucial for establishing the accuracy of speed measurements taken during the incident.
• Witness Statements: If any witnesses were present during the incident, their statements can provide additional perspectives. These can be helpful in corroborating or disputing the officer's account of events.
• Traffic Camera Footage: If available, footage from traffic cameras can serve as evidence regarding the alleged violation. This can be particularly useful in cases involving speed violations or accidents.
• Defendant's Statement: This document allows the defendant to present their side of the story. It can include explanations, evidence, or any mitigating circumstances that the defendant wishes the court to consider.

Understanding these documents can significantly impact the outcome of a trial by written declaration. Each piece of evidence contributes to a fuller picture of the circumstances, helping the court make an informed decision.