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SERIES 2100 VEHICLE OFFENSES

A. DUI

(i) Causing Injury

F 2100 Driving Under The Influence Causing Injury (VC 23153(a))

    • F 2100.1 Titles And Identification Of Parties
      • F 2100.1 Inst 1 Driving Under The Influence Causing Injury—Title
      • F 2100.1 Inst 2 Identification Of Prosecution And Defendant
    • F 2100.2 Driving Under The Influence Causing Injury—Tailoring To Facts: Persons, Places, Things And Theories
      • F 2100.2 Inst 1 Driving Under The Influence Causing Injury – Specification Of Person Injured
    • F 2100.3 Driving Under The Influence Causing Injury—Language That Is Argumentative, Confusing, Etc.
      • F 2100.3 Inst 1 Delete Argumentative Language: Legal Entitlement To Use Drug Not A Defense
      • F 2100.3 Inst 2 Other Cause Of Impairment Not A Defense—Delete As Argumentative
      • F 2100.3 Inst 3 Jurors Must Consider Relevant Evidence
      • F 2100.3 Inst 4 Delete Argumentative Language
      • F 2100.3 Inst 5 Credibility Of Injured Witness (Civil Code 3333.4)
      • F 2100.3 Inst 6 Jurors May Consider Blood Alcohol Levels Below 0.08%
      • F 2100.3 Inst 7 Delete Argumentative Inference From Blood Alcohol Level Of 0.08% Or More
    • F 2100.4 Driving Under The Influence Causing Injury—Burden Of Proof Issues
      • F 2100.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 2100.5 Driving Under The Influence Causing Injury—Elements And Definitions
      • F 2100.5 Inst 1 Driving Under The Influence Causing Injury—Causation: Enumeration Of Requirements As Express Elements Of The Charge
      • F 2100.5 Inst 2 Failure To Exercise Ordinary Care And Maintain Proper Control Of The Vehicle
      • F 2100.5 Inst 3 Definition Of Driving (VC 23153(a))
      • F 2100.5 Inst 4 Separate Enumeration Of Combined Elements; Tailoring To Facts
      • F 2100.5 Inst 5 Incorporate Definition In Element
      • F 2100.5 Inst 6 Multiple Injury (VC 23558, formerly VC 23182)
      • F 2100.5 Inst 7 Applicable VC Violations Must Be Referenced In Respect to Felony DUI Counts (VC 23558 former VC 23182)
    • F 2100.6 Driving Under The Influence Causing Injury—Defense Theories
      • F 2100.6 Inst 1 Jury Consideration Of Defendant’s Legal Entitlement To Use The Drug
      • F 2100.6 Inst 2 Juror Consideration Of Impairment By Factors Other Then Intoxication
      • F 2100.6 Inst 3 Pinpoint Instruction—Driving
      • F 2100.6 Inst 4 Felony Driving Under The Influence: Failure To Advise That Breath Sample Not Retained (VC 23153(a))
      • F 2100.6 Inst 5 Necessity As Defense To Drunk Driving (VC 23152/VC 23153)
      • F 2100.6 Inst 6 Drunk Driving: Defense Theory That Conduct Was Caused By Psychiatric Disorder
      • F 2100.6 Inst 7 Pinpoint Instruction When Defendant And Police Blood Alcohol Tests Conflict
      • F 2100.6 Inst 8 Drunk Driving: Necessity—Applicability Based On Potential For Harm Not Actual Harm
      • F 2100.6 Inst 9 Drunk Driving (DUI): Breathalyzer Gender Bias
      • F 2100.6 Inst 10 Partition Ratios: Evidence Admissible As To Urine Test
      • F 2100.6 Inst 11 Jurors Must Consider Whether Testing Regulations Were Followed
    • F 2100.7 Driving Under The Influence Causing Injury—Preliminary Fact Issues [Reserved]
    • F 2100.8 Driving Under The Influence Causing Injury—Unanimity/Duplicity/Multiplicity [Reserved]
    • F 2100.9 Lesser Offense Issues [Reserved]
    • F 2100 Notes
      • F 2100 Note 1 Driving Under The Influence Causing Injury—CALCRIM Cross-References And Research Notes
      • F 2100 Note 2 DUI: Joy Riding And Leaving The Scene On Foot Insufficient To Satisfy “Other Act” Element (VC 23153(a))
      • F 2100 Note 3 Weaving As LRO Of DUI (VC 23152(a))
      • F 2100 Note 4 DUI: Admissibility Of “HGN” Test (VC 23153(a))
      • F 2100 Note 5 Administrative Suspension Of License Does Not Bar DUI Charges
      • F 2100 Note 6 Consciousness Of Guilt From Defendant’s Refusal To Submit To Blood Or Sobriety Tests
      • F 2100 Note 7 Felony Drunk Driving: Sua Sponte Duty To Define “Speeding” When It Is An Element Of The Charge
      • F 2100 Note 8 Drunk Driving: Wobbler Reduced To Misdemeanor Is Not Prior Felony Conviction (Former VC 23175.5—Now VC 23550.5)
      • F 2100 Note 9 Drunk Driving: Applicability Of Accomplice Liability—Co-Perpetrator (PC 191.5/PC 192(c)(3))
      • F 2100 Note 10 Drunk Driving: Aiding And Abetting Liability—Intoxication To Negate Knowledge And Intent
      • F 2100 Note 11 DUI: Breath Test Observation Requirement (VC 23152)
      • F 2100 Note 12 DUI: Causing Serious Bodily Injury Is Not A “Crime of Violence”
      • F 2100 Note 13 DUI: Suspension Of License (VC 13353) For Refusing Test (VC 23612)
      • F 2100 Note 14 Inference Of Intoxication: Research Notes (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))
      • F 2100 Note 15 Reversible Error To Instruct Where Breath Analysis Is Less Than Statutory Minimum (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))
      • F 2100 Note 16 Partition Ratio Presumption (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))
      • F 2100 Note 17 Drunken Driving (DUI): Defense Burden To Show Blood Test Not Properly Performed
      • F 2100 Note 18 Admissibility Of Blood Alcohol Test That Fails To Comply With Regulations
    • F 2101 Driving With 0.08 Percent Blood Alcohol Causing Injury (VC 23153(b))
    • F 2101.1 Titles And Identification Of Parties
      • F 2101.1 Inst 1 Driving with 0.08 Percent Blood Alcohol Causing Injury – Title
      • F 2101.1 Inst 2 Identification Of Prosecution And Defendant
    • F 2101.2 Driving With 0.08 Percent Blood Alcohol Causing Injury – Tailoring To Facts: Persons, Places, Things And Theories
      • F 2101.2 Inst 1 Driving with 0.08 Percent Blood Alcohol Causing Injury: Specification Of Person Injured
    • F 2101.3 Driving With 0.08 Percent Blood Alcohol Causing Injury – Language That Is Argumentative, Confusing, Etc.
      • F 2101.3 Inst 1 Jurors Must Consider Relevant Evidence
      • F 2101.3 Inst 2 Delete Argumentative Language
      • F 2101.3 Inst 3 Credibility Of Injured Witness (Civil Code 3333.4)
      • F 2101.3 Inst 4 Jurors May Consider Blood Alcohol Levels Below 0.08%
      • F 2101.3 Inst 5 Delete Argumentative Inference From Blood Alcohol Level Of 0.08% Or More
      • F 2101.3 Inst 6 Presumptions From And Consideration Of Blood Alcohol Level Evidence
    • F 2101.4 Driving With 0.08 Percent Blood Alcohol Causing Injury – Burden Of Proof Issues
      • F 2101.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
      • F 2101.4 Inst 2 Presumption Of Innocence Remains Even If Blood Alcohol Level Is 0.05% Or More
      • F 2101.4 Inst 3 Mandatory Presumption From Blood Alcohol Below 0.05%
      • F 2101.4 Inst 4 Rebuttable Presumption From Blood Alcohol Below 0.05%
      • F 2101.4 Inst 5 No Reliance Upon Less Than 0.05% To Convict
    • F 2101.5 Driving With 0.08 Percent Blood Alcohol Causing Injury – Elements And Definitions
      • F 2101.5 Inst 1 Driving with 0.08 Percent Blood Alcohol Causing Injury – Causation: Enumeration Of Requirements As Express Elements Of The Charge
      • F 2101.5 Inst 2 Failure To Exercise Ordinary Care And Maintain Proper Control Of The Vehicle
      • F 2101.5 Inst 3 Definition Of Driving (VC 23153(a))
      • F 2101.5 Inst 4 Separate Enumeration Of Combined Elements; Tailoring To Facts
      • F 2101.5 Inst 5 Incorporate Definition In Element
      • F 2101.5 Inst 6 Multiple Injuries (VC 23558, formerly VC 23182)
      • F 2101.5 Inst 7 Applicable VC Violations Must Be Referenced In Respect To Felony DUI Counts (VC 23558 former VC 23182)
    • F 2101.6 Driving With 0.08 Percent Blood Alcohol Causing Injury – Defense Theory
      • F 2101.6 Inst 1 Pinpoint Instruction – Driving
      • F 2101.6 Inst 2 Felony Driving Under The Influence: Failure To Advise That Breath Sample Not Retained (VC 23153(a))
      • F 2101.6 Inst 3Necessity As Defense To Drunk Driving (VC 23152/VC 23153)
      • F 2101.6 Inst 4 Drunk Driving: Defense Theory That Conduct Was Caused By Psychiatric Disorder
      • F 2101.6 Inst 5 Pinpoint Instruction When Defendant And Police Blood Alcohol Tests Conflict
      • F 2101.6 Inst 6 Drunk Driving: Necessity – Applicability Based On Potential For Harm Not Actual Harm
      • F 2101.6 Inst 7 Drunk Driving (DUI): Breathalyzer Gender Bias
      • F 2101.6 Inst 8 Partition Ratios: Evidence Admissible As To Urine Test
      • F 2101.6 Inst 9 Jurors Must Consider Whether Testing Regulations Were Followed
    • F 2101.7 Driving With 0.08 Percent Blood Alcohol Causing Injury – Preliminary Fact Issues [Reserved]
    • F 2101.8 Driving With 0.08 Percent Blood Alcohol Causing Injury – Unanimity/Duplicity/Multiplicity [Reserved]
    • F 2101.9 Driving With 0.08 Percent Blood Alcohol Causing Injury – Lesser Offense Issues [Reserved]
    • F 2101 Notes
      • F 2101 Note 1 Driving with 0.08 Percent Blood Alcohol Causing Injury – CALCRIM Cross-References And Research Notes
      • F 2101 Note 2 Challenge To Presumption Instruction In Absence Of Expert Testimony
      • F 2101 Note 3 Reversible Error To Instruct Where Breath Analysis Is Less Than Statutory Minimum (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))
      • F 2101 Note 4 Partition Ratio Presumption (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155))
      • F 2101 Note 5 Consciousness Of Guilt From Defendant’s Refusal To Submit To Blood Or Sobriety Tests
      • F 2101 Note 6 Felony Drunk Driving: Sua Sponte Duty To Define “Speeding” When It Is An Element Of The Charge
      • F 2101 Note 7 Drunk Driving: Wobbler Reduced To Misdemeanor Is Not Prior Felony Conviction (Former VC 23175.5 – Now VC 23550.5)
      • F 2101 Note 8 Drunk Driving: Applicability Of Accomplice Liability – Co-Perpetrator (PC 191.5/PC 192(c)(3))
      • F 2101 Note 9 Drunk Driving: Aiding And Abetting Liability – Intoxication To Negate Knowledge And Intent
      • F 2101 Note 10 DUI: Breath Test Observation Requirement (VC 23152)
      • F 2101 Note 11 DUI: Causing Serious Bodily Injury Is Not A “Crime of Violence”
      • F 2101 Note 12 DUI: Suspension Of License (VC 13353) For Refusing Test (VC 23612)
      • F 2101 Note 13 Drunken Driving (DUI): Defense Burden To Show Blood Test Not Properly Performed
      • F 2101 Note 14 Admissibility Of Blood Alcohol Test That Fails To Comply With Regulations
      • F 2101 Note 15 Partition Ratios: Evidence Admissible As To Urine Test
    • F 2101 Revision History and Commentary
    • F 2102–2109 Reserved

(ii) Without Injury

  • F 2110 Driving Under the Influence (VC 23152(a)) (Case Law Discussing This Instruction)
  • F 2111 Driving With 0.08 Percent Blood Alcohol (VC 23153(b)) [No Forecite Entries On This Instruction] (Case Law Discussing This Instruction)
  • F 2111 Revision History and Commentary
  • F 2112 Driving While Addicted To A Drug (VC 23152(c))
  • F 2112.1 Titles And Identification Of Parties
    • F 2112.1 Inst 1 Driving While Addicted To A Drug—Title
    • F 2112.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2112.2 Driving While Addicted To A Drug—Tailoring To Facts: Persons, Places, Things And Theories
    • F 2112.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
  • F 2112.3 Driving While Addicted To A Drug—Language That Is Argumentative, Confusing, Etc.
    • F 2112.3 Inst 1 Legal Entitlement To Use Drug Not A Defense—Delete Or Balance
  • F 2112.4 Driving While Addicted To A Drug—Burden Of Proof Issues
    • F 2112.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2112.5 Driving While Addicted To A Drug—Elements And Definitions
    • F 2112.5 Inst 1 Addiction Defined (VC 23152(c))
    • F 2112.5 Inst 2 Addiction Defined: Withdrawal Must Impair Driving
    • F 2112.5 Inst 3 Driving While Addicted: Knowledge Element
  • F 2112.6 Driving While Addicted To A Drug—Defense Theories
    • F 2112.6 Inst 1 Driving While Addicted To A Drug: Pinpoint Instruction
    • F 2112.6 Inst 2 Pinpoint Instruction—Driving
    • F 2112.6 Inst 3 Lack Of Knowledge That Defendant Was Addicted
    • F 2112.6 Inst 4 Participation In Narcotic Treatment Program As Defense To Driving While Addicted
  • F 2112.7 Driving While Addicted To A Drug—Preliminary Fact Issues [Reserved]
  • F 2112.8 Driving While Addicted To A Drug—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2112.9 Driving While Addicted To A Drug—Lesser Offense Issues [Reserved]
  • F 2112 Notes
    • F 2112 Note 1 Driving While Addicted To A Drug—CALCRIM Cross-References And Research Notes
    • F 2112 Note 2 Under The Influence Defined: Appreciable Degree
  • F 2113 Driving With 0.05 Percent Blood Alcohol When Under 21 (VC 23140(a))
  • F 2113.1 Titles And Identification Of Parties
    • F 2113.1 Inst 1 Driving With 0.05 Percent Blood Alcohol When Under 21—Title
    • F 2113.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2113.2 Driving With 0.05 Percent Blood Alcohol When Under 21—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2113.3 Driving With 0.05 Percent Blood Alcohol When Under 21—Language That Is Argumentative, Confusing, Etc.
    • F 2113.3 Inst 1 Jurors Must Consider Relevant Evidence
  • F 2113.4 Driving With 0.05 Percent Blood Alcohol When Under 21—Burden Of Proof Issues
    • F 2113.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2113.5 Driving With 0.05 Percent Blood Alcohol When Under 21—Elements And Definitions
    • F 2113.5 Inst 1 Concurrence Of Act And Intent
  • F 2113.6 Driving With 0.05 Percent Blood Alcohol When Under 21—Defense Theories
    • F 2113.6 Inst 1 Pinpoint Instruction—Driving
    • F 2113.6 Inst 2 Pinpoint Instruction When Defendant And Police Blood Alcohol Tests Conflict
  • F 2113.7 Driving With 0.05 Percent Blood Alcohol When Under 21—Preliminary Fact Issues [Reserved]
  • F 2113.8 Driving With 0.05 Percent Blood Alcohol When Under 21—Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 2113.9 Driving With 0.05 Percent Blood Alcohol When Under 21—Lesser Offense Issues [Reserved]
  • F 2114–2124 Reserved
  • (iii) Prior Conviction

  • F 2125 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions (VC 23550, VC 23550.5 & VC 23566)
  • F 2125.1 Titles And Identification Of Parties
    • F 2125.1 Inst 1 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions —Title
    • F 2125.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2125.2 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2125.3 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions—Language That Is Argumentative, Confusing, Etc.
  • F 2125.3 Inst 1 Jurors Not Required To Decide
  • F 2125 Notes
    • F 2125 Note 1 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions—CALCRIM Cross-References And Research Notes
    • F 2125 Note 2 DUI: Attempt Is Not A Prior Conviction (VC 23550 (former VC 23175))
    • F 2125 Note 3 DUI Recidivist Statute: Subsequent Offenses Cannot Be Used To Increase Penalty For Prior Offense
    • F 2125 Note 4 DUI: Definition Of Driving (VC 23152(b) & VC 23550 (formerly VC 23175))
  • F 2126 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial (VC 23550, VC 23550.5 & VC 23566)
  • F 2126.1 Titles And Identification Of Parties
    • F 2126.1 Inst 1 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Title
    • F 2126.1 Inst 2 Identification Of Prosecution And Defendant
    • F 2126.1 Inst 3 Jurors Not Required To Decide
  • F 2126.2 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2126.3 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 2126.4 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Burden Of Proof Issues
    • F 2126.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2126.5 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Elements And Definitions [Reserved]
  • F 2126.6 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Defense Theories [Reserved]
  • F 2126.7 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Preliminary Fact Issues [Reserved]
  • F 2126.8 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2126.9 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Lesser Offense Issues [Reserved]
  • F 2126 Notes
    • F 2126 Note 1 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—CALCRIM Cross-References And Research Notes
    • F 2126 Note 2 DUI: Prior Stipulation/Bifurcation (VC 23550 (formerly VC 23175), VC 23152)
  • F 2127–2129 Reserved
  • (iv) Refusal

  • F 2130 Refusal—Consciousness Of Guilt
  • F 2130.1 Refusal: Preliminary Facts
    • F 2130.1 Inst 1 Title Modification In Light Of Preliminary Facts
    • F 2130.1 Inst 2 Refusal: Required Preliminary Facts
    • F 2130.1 Inst 3 Refusal Must Relate To Charged Crime: Preliminary Fact
    • F 2130.1 Inst 4 Refusal After Accusation: Knowledge Of Accusation As Preliminary Fact
    • F 2130.1 Inst 5 Refusal Must Be Willful
  • F 2130.2 Refusal: Limiting Instructions
    • F 2130.2 Inst 1 Defendant’s Refusal May Show That Defendant Thought He Or She Had Done Something Wrong Or Had “Feelings Of Guilt”—Not That Defendant Was “Aware Of His Or Her Guilt”
    • F 2130.2 Inst 2 Refusal: Inapplicable To Nature Or Degree Of Guilt
    • F 2130.2 Inst 3 Refusal: Limitation When Not Applicable To All Charged Offenses
    • F 2130.2 Inst 4 Refusal: Limitation To Applicable Co-Defendant
  • F 2130.3 Refusal: Cautionary Instructions
    • F 2130.3 Inst 1 Defendant’s Refusal: Prosecution Must Prove Every Essential Fact
    • F 2130.3 Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
    • F 2130.3 Inst 3 Refusal: Probative Value Reduced By Passage Of Time
    • F 2130.3 Inst 4 Refusal: “Feelings Of Guilt” Do Not Reflect Actual Guilt
    • F 2130.3 Inst 5 Intent To Avoid Arrest Does Not Necessarily Reflect Consciousness Of Guilt—Alternative Explanations: E.g., Defendant Didn’t Trust Or Understand The Test
    • F 2130.3 Inst 6 Refusal: Alternative Explanations
    • F 2130.4 Refusal: Reverse Instructions
    • F 2130.4 Inst 1 Reverse Instruction When Defendant Agrees To Testing
  • F 2130 Notes
    • F 2130 Note 1 Refusal—Consciousness Of Guilt—CALCRIM Cross-References And Research Notes
    • F 2130 Note 2 Refusal: Defense Objection Precludes Instruction Which Benefits Defendant
    • F 2130 Note 3 Refusal Insufficient To Prove Missing Elements
    • F 2130 Note 4 Refusal: Improper Prosecution Pinpoint Instruction
    • F 2130 Note 5 Refusal Instruction As Improper Comment On The Evidence
    • F 2130 Note 6 Refusal To Take The Sobriety Test: Violation Of 5th Amendment
    • F 2130 Note 7 Duress As Defense To Drunk Driving
    • F 2130 Note 8 Refusal Of Sobriety Test: No Obligation To Take Second Test
    • F 2130 Note 9 DUI: Suspension Of License (VC 13353) For Refusing Test (VC 23612)
    • F 2130 Note 10 Subsequent Consent To Sobriety Test As Affecting Initial Refusal
    • F 2130 Note 11 Challenge To Refusal Instruction As Duplicative Of Circumstantial Evidence Instruction
    • F 2130 Note 12 Request For Identification Of Person Drawing Blood Does Not Violate Implied Consent Law
  • F 2131 Refusal—Enhancement (VC 23577 & VC 23612)
  • F 2131.1 Titles And Identification Of Parties
    • F 2131.1 Inst 1 Refusal—Enhancement—Title
    • F 2131.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2131.2 Refusal—Enhancement—Tailoring To Facts: Persons, Places, Things And Theories
    • F 2131.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
  • F 2131.3 Refusal—Enhancement—Language That Is Argumentative, Confusing, Etc.
      • F 2131.3 Inst 1 Willfully: Argumentative
      • F 2131.3 Inst 2 Modification Of Coercive Language That Jurors “Must Decide” The Enhancement

     

  • F 2131.4 Refusal—Enhancement—Burden Of Proof Issues
    • F 2131.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2131.5 Refusal—Enhancement—Elements And Definitions
    • F 2131.5 Inst 1 Willfully: Separate Enumeration
    • F 2131.5 Inst 2 Willfully: Knowledge
    • F 2131.5 Inst 3 “Chemical Test”—Tailor To Theory
    • F 2131.5 Inst 4 Lawfulness Of Arrest And Probable Cause As Required Element
  • F 2131.6 Refusal—Enhancement—Defense Theories
    • F 2131.6 Inst 1 Willfully: Balance
    • F 2131.6 Inst 2 Pinpoint Instruction: Failure To Understand Duty To Submit To Testing Or Consequences Of Refusal
  • F 2131.7 Refusal—Enhancement—Preliminary Fact Issues [Reserved]
  • F 2131.8 Refusal—Enhancement—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2131.9 Refusal—Enhancement—Lesser Offense Issues [Reserved]
  • F 2132–2139 Reserved
  • B. FAILURE TO PERFORM DUTY FOLLOWING ACCIDENT

    (i) Death or Injury

  • F 2140 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver (VC 20001, VC 20003 & VC 20004) (Case Law Discussing This Instruction)
  • F 2140.1 Titles And Identification Of Parties
    • F 2140.1 Inst 1 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Title
    • F 2140.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2140.2 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Tailoring To Facts: Persons, Places, Things And Theories
    • F 2140.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
  • F 2140.3 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Language That Is Argumentative, Confusing, Etc.
    • F 2140.3 Inst 1 Willfully: Argumentative
  • F 2140.4 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Burden Of Proof Issues
    • F 2140.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 2140.4 Inst 2 Hit And Run: Modification Of Burden Shifting Language—Unconsciousness As Complete Defense To Duty To Render Aid
  • F 2140.5 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Elements And Definitions
    • F 2140.5 Inst 1 Incorporation Of Definitional Duties To Be Performed At Scene Of Accident Into Enumerated Elements
    • F 2140.5 Inst 2 Willfully: Knowledge
    • F 2140.5 Inst 3 Willfully: Delete Argumentative Language
    • F 2140.5 Inst 4 Hit And Run: Duties Limited To The Scene Of The Accident (VC 20001, VC 20002, VC 20003, VC 20004, VC 20008)
    • F 2140.5 Inst 5 Incorporate Definition Of Causation Into Enumerated Elements
  • F 2140.6 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Defense Theories
    • F 2140.6 Inst 1 Willfully: Balance
    • F 2140.6 Inst 2 Juror Consideration Of Fact That Bystanders Could Have Provided Assistance
    • F 2140.6 Inst 3 (a & b) Juror Consideration That Accident Was Unavoidable Or Caused By Someone Else
    • F 2140.6 Inst 4 Felony Hit And Run: Consideration Of Circumstances Of The Collision
    • F 2140.6 Inst 5 Unconsciousness As Defense Theory
    • F 2140.6 Inst 6 (a-c) Hit And Run: No Duty To Render Aid If It Is Being Adequately Provided By Another
    • F 2140.6 Inst 7 Hit And Run: Necessity As Defense
  • F 2140.7 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Preliminary Fact Issues [Reserved]
  • F 2140.8 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2140.9 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—Lesser Offense Issues [Reserved]
  • F 2140 Notes
    • F 2140 Note 1 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Driver—CALCRIM Cross-References And Research Notes
    • F 2140 Note 2 Hit And Run Enhancement: Failure To Stop Must Proximately Cause Permanent And Serious Injury
    • F 2140 Note 3 Hit And Run: Prior Flight From Scene Inadmissible
    • F 2140 Note 4 Hit And Run: Requirement That Person Identify Himself As Driver Does Not Violate Fifth Amendment Right Against Self-Incrimination
    • F 2140 Note 5 Hit And Run: Bodily Injury Caused By Original Impact Is Not A Serious Felony Under PC 1192.7(c)(8)
    • F 2140 Note 6 Hit And Run: Applicability To Person Who Did Not Commit The Underlying Offense
    • F 2140 Note 7 Felony Hit And Run: Definition Of Accident (VC 20001)
  • F 2140 Revision History and Commentary
  • F 2141 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control (VC 20001, VC 20003 & VC 20004)
  • F 2141.1 Titles And Identification Of Parties
    • F 2141.1 Inst 1 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Title
    • F 2141.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2141.2 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Tailoring To Facts: Persons, Places, Things And Theories
    • F 2141.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
  • F 2141.3 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Language That Is Argumentative, Confusing, Etc.
    • F 2141.3 Inst 1 Willfully: Argumentative
  • F 2141.4 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Burden Of Proof Issues
    • F 2141.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2141.5 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Elements And Definitions
    • F 2141.5 Inst 1 Duties To Be Performed At Scene Of Accident
    • F 2141.5 Inst 2 Willfully: Knowledge
    • F 2141.5 Inst 3 Hit And Run: Duties Limited To The Scene Of The Accident
    • F 2141.5 Inst 4 Incorporate Definition Of Causation Into Enumerated Elements
  • F 2141.6 Failure to Perform Duty Following Accident: Death or Injury—Defendant Nondriving Owner or Passenger in Control—Defense Theories
    • F 2141.6 Inst 1 Juror Consideration Of Fact That Bystanders Could Have Provided Assistance
    • F 2141.6 Inst 2 Juror Consideration That Accident Was Unavoidable Or Caused By Someone Else
    • F 2141.6 Inst 3 Felony Hit And Run: Consideration Of Circumstances Of The Collision
    • F 2141.6 Inst 4 Hit And Run: Unconsciousness As Complete Defense To Duty To Render Aid
    • F 2141.6 Inst 5 Hit And Run: No Duty To Render Aid If It Is Being Adequately Provided By Another
    • F 2141.6 Inst 6 Hit And Run: Necessity As Defense
  • F 2141.7 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Preliminary Fact Issues [Reserved]
  • F 2141.8 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2141.9 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Lesser Offense Issues [Reserved]
  • F 2141 Notes
    • F 2141 Note 1 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—CALCRIM Cross-References And Research Notes
  • F 2142 Failure To Perform Duty Following Accident: Lesser Included Offense (VC 20001, VC 20003 & VC 20004)
  • F 2142.1 Titles And Identification Of Parties
    • F 2142.1 Inst 1 Failure To Perform Duty Following Accident: Lesser Included Offense—Title
    • F 2142.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2142.2 Failure To Perform Duty Following Accident: Lesser Included Offense—Tailoring To Facts: Persons, Places, Things And Theories
    • F 2142.2 Inst 1 Improper To Describe Included Offense As “Lesser”
    • F 2142.2 Inst 2 Reasonable Doubt As To Greater Or Lesser Offense
  • F 2143–2149 Reserved
  • (ii) Property Damage

  • F 2150 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver (VC 20002)
  • F 2150.1 Titles And Identification Of Parties
    • F 2150.1 Inst 1 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Title
    • F 2150.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2150.2 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Tailoring To Facts: Persons, Places, Things And Theories
    • F 2150.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
  • F 2150.3 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Language That Is Argumentative, Confusing, Etc.
    • F 2150.3 Inst 1 Willfully: Argumentative
  • F 2150.4 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Burden Of Proof Issues
    • F 2150.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2150.5 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Elements And Definitions
    • F 2150.5 Inst 1 Duties To Be Performed At Scene Of Accident
    • F 2150.5 Inst 2 Willfully: Knowledge
    • F 2150.5 Inst 3 Hit And Run: Duties Limited To The Scene Of The Accident (VC 20001, VC 20002, VC 20003, VC 20004, VC 20008)
    • F 2150.5 Inst 4 Incorporate Definition Of Causation Into Enumerated Elements
  • F 2150.6 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Defense Theories
    • F 2150.6 Inst 1 Willfully: Balance
    • F 2150.6 Inst 2 Felony Hit And Run: Consideration Of Circumstances Of The Collision
    • F 2150.6 Inst 3 Hit And Run: Unconsciousness As Complete Defense To Duty To Render Aid
    • F 2150.6 Inst 4 Hit And Run: Necessity As Defense
    • F 2150.6 Inst 5 Hit And Run: No Duty To Render Aid If It Is Being Adequately Provided By Another
  • F 2150.7 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Preliminary Fact Issues [Reserved]
  • F 2150.8 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2150.9 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Lesser Offense Issues [Reserved]
  • F 2150 Notes
    • F 2150 Note 1 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver—CALCRIM Cross-References And Research Notes
    • F 2150 Note 2 Propriety Of Restitution
  • F 2151 Failure To Perform Duty Following Accident: Property Damage—Defendant Nondriving Owner Or Passenger In Control (VC 20002)
  • 2152–2159 Reserved
  • (iii) Enhancement

  • F 2160 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter (VC 20001(c))
  • F 2160.1 Titles And Identification Of Parties
    • F 2160.1 Inst 1 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Title
    • F 2160.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2160.2 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2160.3 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Language That Is Argumentative, Confusing, Etc.
    • F 2160.3 Inst 1 Deletion Of Argumentative Language: Collision Not Necessary
    • F 2160.3 Inst 2 Willfully: Argumentative
  • F 2160.4 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Burden Of Proof Issues
    • F 2160.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2160.5 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Elements And Definitions
    • F 2160.5 Inst 1 Willfully: Knowledge
    • F 2160.5 Inst 2 Incorporation Of Definition In Enumerated Elements; Separate Enumeration Of Combined Elements
  • F 2160.6 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Defense Theories
    • F 2160.6 Inst 1 Juror Consideration Of Whether Or Not There Was A Collision
    • F 2160.6 Inst 2 Willfully: Balance
  • F 2160.7 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Preliminary Fact Issues [Reserved]
  • F 2160.8 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2160.9 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—Lesser Offense Issues [Reserved]
  • F 2160 Notes
    • F 2160 Note 1 Fleeing The Scene Following Accident: Enhancement For Vehicular Manslaughter—CALCRIM Cross-References And Research Notes
  • F 2161–2179 Reserved
  • C. EVADING

  • F 2180 Evading Peace Officer: Death Or Serious Bodily Injury (VC 2800.3, 2800.1(a))
  • F 2180.1 Titles And Identification Of Parties
    • F 2180.1 Inst 1 Evading Peace Officer: Death Or Serious Bodily Injury—Title
    • F 2180.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2180.2 Evading Peace Officer: Death Or Serious Bodily Injury—Tailoring To Facts: Persons, Places, Things And Theories
    • F 2180.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
  • F 2180.3 Evading Peace Officer: Death Or Serious Bodily Injury—Language That Is Argumentative, Confusing, Etc.
    • F 2180.3 Inst 1 Willfully: Argumentative
  • F 2180.4 Evading Peace Officer: Death Or Serious Bodily Injury—Burden Of Proof Issues
    • F 2180.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2180.5 Evading Peace Officer: Death Or Serious Bodily Injury—Elements And Definitions
    • F 2180.5 Inst 1 Willfully: Knowledge
    • F 2180.5 Inst 2 Incorporate Definition Of Causation Into Enumerated Elements
  • F 2180.6 Evading Peace Officer: Death Or Serious Bodily Injury—Defense Theories
    • F 2180.6 Inst 1 Willfully: Balance
  • F 2180.7 Evading Peace Officer: Death Or Serious Bodily Injury—Preliminary Fact Issues [Reserved]
  • F 2180.8 Evading Peace Officer: Death Or Serious Bodily Injury—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2180.9 Evading Peace Officer: Death Or Serious Bodily Injury—Lesser Offense Issues [Reserved]
  • F 2180 Notes
    • F 2180 Note 1 Evading Peace Officer: Death Or Serious Bodily Injury—CALCRIM Cross-References And Research Notes
    • F 2180 Note 2 Evading Police Officer Requires Specific Intent
  • F 2180 Revision History and Commentary
  • F 2181 Evading Peace Officer: Reckless Driving (VC 2800.2, 2800.1(a))
  • F 2181.1 Titles And Identification Of Parties
    • F 2181.1 Inst 1 Evading Peace Officer: Reckless Driving—Title
    • F 2181.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2181.2 Evading Peace Officer: Reckless Driving—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2181.3 Evading Peace Officer: Reckless Driving—Language That Is Argumentative, Confusing, Etc.
    • F 2181.3 Inst 1 Willfully: Argumentative
    • F 2181.3 Inst 2 Delete Argumentative Language: Uniform Does Not Have To Be Complete
  • F 2181.4 Evading Peace Officer: Reckless Driving—Burden Of Proof Issues
    • F 2181.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2181.5 Evading Peace Officer: Reckless Driving—Elements And Definitions
    • F 2181.5 Inst 1 Incorporation Of Willful Or Wanton Disregard In Enumerated Elements
    • F 2181.5 Inst 2 Duties To Be Performed At Scene Of Accident
  • F 2181.6 Evading Peace Officer: Reckless Driving—Defense Theories
    • F 2181.6 Inst 1 Hit And Run: Unconsciousness As Complete Defense To Duty To Render Aid
    • F 2181.6 Inst 2 Juror Consideration Of Fact That Officer’s Uniform Was Not Complete
  • F 2181.7 Evading Peace Officer: Reckless Driving—Preliminary Fact Issues [Reserved]
  • F 2181.8 Evading Peace Officer: Reckless Driving—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2181.9 Evading Peace Officer: Reckless Driving—Lesser Offense Issues [Reserved]
  • F 2181 Notes
    • F 2181 Note 1 Evading Peace Officer: Reckless Driving—CALCRIM Cross-References And Research Notes
    • F 2181 Note 2 Flight From Officer (VC 2800.2) Is Not An Inherently Dangerous Felony
    • F 2181 Note 3 Evading A Peace Officer: Multiple Counts Improperly Based On Multiple Police Cars In The Chase
    • F 2181 Note 4 Flight From Officer: Equating Willful Or Wanton Disregard With Three Vehicle Code Violations Does Not Create A Mandatory Presumption
    • F 2181 Note 5 Due Process Challenge To VC 2800.2 As Unconstitutional Mandatory Presumption
    • F 2181 Note 6 Flight From Officer (VC 2800.2): Sufficiency Of Evidence Regarding Activation of Red Light
    • F 2181 Note 7 Definition of “Willful”
  • F 2181 Revision History and Commentary
  • F 2182 Evading Peace Officer: Misdemeanor (VC 2800.1(a)) [No Forecite Entries On This Instruction]
  • F 2182 Revision History and Commentary
  • F 2183–2199 Reserved
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