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What information to include in the trial by written declaration

When preparing a statement of facts for a trial by written declaration, especially in the context of contesting a speeding ticket in California, it's crucial to provide a clear, concise, and factual account of the incident from your perspective. Here's what you should include and where to gather this information:

Information to Include in the Statement of Facts​

  1. Date and Time of the Incident: Specify when the alleged violation occurred. This helps establish the context of your case.

  2. Location of the Incident: Describe the exact location where the alleged speeding took place. Be as specific as possible, mentioning street names, direction of travel, and any landmarks.

  3. Weather and Road Conditions: Include details about the weather (e.g., sunny, raining, foggy) and road conditions (e.g., wet, dry, under construction) at the time of the incident. These factors can affect driving behavior and the validity of the speeding allegation.

  4. Traffic Conditions: Describe the traffic conditions. Were the roads busy or empty? Was traffic moving slowly or at a regular pace?

  5. Your Account of the Incident: Provide a detailed narrative of what happened from your perspective. Explain your actions, the speed you believe you were traveling at, and any reasons why you were driving at that speed (if applicable).

  6. Evidence to Support Your Case: Mention any evidence you are submitting along with your declaration. This could include photographs, diagrams, GPS data, or witness statements that support your account of the incident.

  7. Legal and Technical Arguments: If applicable, include any legal or technical arguments that support your case. For example, if you believe the speed limit signs were not visible or the speed measuring device was not used properly, mention these points.

  8. Any Mitigating Circumstances: If there were any mitigating circumstances that led to the alleged speeding (e.g., medical emergency), describe them in detail.

Where to Get This Information​

  • Personal Recollection: Your own memory of the event will be the primary source of information. It's helpful to write down everything you remember as soon as possible after the incident to ensure accuracy.

  • Photographs and Videos: If you took photos or videos at the scene or can return to the location to take them, these can be valuable pieces of evidence.

  • Witness Statements: If there were any passengers in your vehicle or bystanders who witnessed the incident, their accounts could support your statement.

  • Official Documents: Review the citation and any other documents provided by the officer for details about the alleged violation.

  • Technical Resources: If you're citing technical reasons for contesting the ticket (e.g., questioning the accuracy of speed detection equipment), you may need to research these topics or consult with an expert.

  • Legal Resources: For legal arguments, consulting legal statutes, previous case law, or a legal professional can provide you with accurate information to include in your statement.

Crafting a well-organized and factual statement of facts is crucial for a successful trial by written declaration. Ensure all your information is accurate and supported by evidence where possible. For a detailed guide on common reasons for a TR-205 form to be rejected and typical mistakes to avoid, make sure to review these resources. When you're ready to fill out the form, visit the TR-205 form submission page.