TR-235
NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: TELEPHONE: FOR COURT USE ONLY
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PEOPLE OF THE STATE OF CALIFORNIA vs.
DEFENDANT:
OFFICER'S DECLARATION
(Trial by Written Declaration—Vehicle Code, § 40902)
Short Title:
RETURN DATE: ARRESTING/CITING OFFICER NAME/ID NO.:
Docket No.
CITATION NUMBER/DATE ISSUED:
NOTICE OF APPEARANCE
AGENCY NAME: OFFICE [IF ANY]: CASE NUMBER:
Appearance for (provide name of party): Status of Party: ( ) trial by written declaration pursuant to Vehicle ( ) Appellant/Petitioner INSTRUCTIONS: The defendant in the case listed above has opted for Cross-Appellee/Cross Respondent ( ) Intervenor ( Appellee/Respondent Code section 40902. The) officer named above shall check all statements that apply, date, sign, and complete and return ( ) Amicus Curiae ( ) Cross-Appellant/Cross-Petitioner this form to the court named above by the return date. ( ( ) Other (Specify): ) An attorney will argue this appeal.
1. OFFICER'S DECLARATION: Name of as expressly stated below, Iifhave personal knowledge of the facts stated herein. The events Except attorney who will argue appeal, other than counsel of record: < occurred in the County of (specify):of arguing attorney’s admission to this Court (month, day, year): at about the date, time, and < Date location stated in the citation. Other Federal/State Bar admissions: (month, day, year): < At the time of the citation I was a peace officer on-duty a. for the exclusive or main purpose of traffic enforcement ( ) I am a pro not for the exclusive orse litigant who is nottraffic enforcement, and I main purpose of an attorney. was was not wearing a uniform ( ) I am an incarcerated pro se litigant. as required by the Vehicle Code section 40800. Any vehicle used by me complied with Vehicle Code section 40800. TIME REQUEST b. The offense(s) were not committed in my presence. ( ) Oral argument is not desired. c. Any statement(s)) made by the defendant were voluntary, recorded verbatim not verbatim ( Oral argument is desired. Party requests minutes or multi-co-parties minutes to be apportioned as follows: and is/are reasonablyrequest a total of accurate in substance. complete and d. Safety is an element of the violation alleged. In my opinion, the defendant's operation of the vehicle was unsafe. If more than 20 minutes per side is requested, set forth reasons: 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. AVAILABILITY OF COUNSEL/PRO SE LITIGANT f. Any traffic sign, signal, or device mentioned was official and properly located, maintained, in good working order, and I a driver of a vehicle controlled, governed, appeal must such sign, signal, during or after the week of argument clearly visible tounderstand that the person who will argue theor affected bybe ready at any time or device. which appears on the scheduling order. 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, andknow of no dates which would be inconvenient. ( ) I events described. ( I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I h. Speed supported) by the patrol vehicle's speedometer was a significant factor. Pursuant to department policy, the patrolhave included religious holidays. vehicle used in connection with this citation was officially calibrated on (date): The result was (specify): COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN The calibration was considered by me in determining defendant's speed. WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE TO DO SO MAY BE i. Defendant was identified by Driver's CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON License or other (specify):
UNAVAILABILITY.
2. THE METHOD(S) USED TO DETERMINE THE SPEED OF THE INVOLVED VEHICLE WAS/WERE: RELATED CASES a. e. Odometer Laser ( ) This case has not been before this Court previously. b. f. Visual estimation) Aircraft ( This case has been before this Court previously. The short title, docket number and citation are: c. Pacing g. Other (specify): d. Radar (see items) 4, 5, 6, below) to this appeal or involving the same issue have been or presently are before this Court. The short ( Matters related
titles, docket numbers and citations are:
3. 4.
Engineering and traffic survey (ETS) not required per Vehicle Code section 40802, subdivision (b).
Signature of counsel of record or pro se litigant:
ETS completed within five (5) years prior to date of alleged violation. a. ETS attached. ETS on file with the court. b.
Type or Print Name Name of Firm:
Signature of counsel who will argue the appeal, if different:
Type or Print Name
5.
ETS completed within five (5) and seven (7) years prior to date of alleged violation. Address: a. ETS attached.
Telephone:
(Continued on reverse) Date:
Telephone:
Date:
Vehicle Code, § 40902
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Form Adopted for Mandatory Use Judicial Council of California TR-235 [New January 1, 2000]
July 2000
OFFICER'S DECLARATION (Trial by Written Declaration—Traffic)
PEOPLE v. DEFENDANT (Name):
CASE NUMBER:
5. b. c. d. e.
f.
ETS on file with the court. 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): ETS completed within seven (7) and ten (10) years prior to the date of the alleged violation. a. 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.
6.
7. 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. 10. Number of pages attached: _____ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
.............................................
(TYPE OR PRINT NAME) (SIGNATURE OF OFFICER)
ID Number: Agency NCIC Number:
TR-235 [New January 1, 2000]
OFFICER'S DECLARATION
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