Generally, by checking the box and signing his name, the officer is making his declaration. Under law, it may be an invalid declaration and you can object at trial. However, if the officer appears in court, the court may just let him testify to the facts after being sworn in. I have filed motions based upon this and the results depends on the Judge and if you lose, whether or not you want to appeal the decision.
This response is general in nature and should not be considered legal advice.
Answered on May 09th, 2012 at 5:35 PM