SERIES 2100 VEHICLE OFFENSES
F 2150 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver (VC 20002)
TABLE OF CONTENTS
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
Return to Series 2100 Table of Contents.
F 2150.1 Titles And Identification Of Parties
F 2150.1 Inst 1 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2150.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 2150.2Failure 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
*Modify CC 2150, Element 2, as follows [added language is underlined; deleted language is stricken]:
2. The accident caused damage to someone else’s _______________ <name of property owner> property;
*Modify Element 4, as follows:
4. The defendant willfully failed to perform one or more of the following duties:
5. The defendant failed to _________________<specify duty/duties to perform relied on by the prosecution e.g, stop at the scene, provide name and address, etc.>;
6. The defendant’s failure to perform the [duty] [duties] was willful.
[Delete duties.]
…
Points and Authorities
See FORECITE F 2140.2 Inst 1.
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
Re: CC 2140, paragraph 3, see FORECITE F 820.3 Inst 1.
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
See FORECITE F 400.4 Inst 1.
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
*Modify CC 2150, Element 4, Duties (a), as follows [added language is underlined; deleted language is stricken]:
(a) To stop immediately at the scene of the accident (his/her) vehicle as soon as reasonably possible under the circumstances;
…
Points and Authorities
See FORECITE F 2140.5 Inst 1.
F 2150.5 Inst 2 Willfully: Knowledge
Re: CC 2140, paragraph 3, see FORECITE F 820.5 Inst 1.
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)
*Modify CC 2150, paragraph 13, sentence 2, as follows [added language is underlined]:
[However, (he/she) was required to do so as soon as reasonably possible provided (he/she) was still at the scene.]
Points and Authorities
See FORECITE F 2140.5 Inst 3.
F 2150.5 Inst 4Incorporate Definition Of Causation Into Enumerated Elements
See FORECITE F 1551.5 Inst 7.
F 2150.6 Failure To Perform Duty Following Accident: Property Damage—Defendant Driver —Defense Theories
F 2150.6 Inst 1 Willfully: Balance
See FORECITE F 820.3 Inst 2.
F 2150.6 Inst 2 Felony Hit And Run:Consideration Of Circumstances Of The Collision
See FORECITE F 2140.6 Inst 4.
F 2150.6 Inst 3 Hit And Run: Unconsciousness As Complete Defense To Duty To Render Aid
Modify CC 2150, paragraph 13, sentence 1, as follows [added language is underlined; deleted language is stricken]:
[If the accident caused the defendant to be Unless the prosecution has proven beyond a reasonable doubt that the defendant was unconscious or disabled able so that (he/she) was not capable of performing the duties required by law, then (he/she) did not have to perform those duties at that time.
Points and Authorities
See FORECITE F 2140.6 Inst 5.
F 2150.6 Inst 4 Hit And Run: Necessity As Defense
See FORECITE F 2140.6 Inst 7.
F 2150.6 Inst 5 Hit And Run: No Duty To Render Aid If It Is Being Adequately Provided By Another
See FORECITE F 2140.6 Inst 6 (a-c).
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
CALCRIM Cross-References:
See FORECITE F 2140 Notes.
CALCRIM 2140 [Failure To Perform Duty Following Accident: Death Or Injury — Defendant Driver]
CALCRIM 2141 [Failure To Perform Duty Following Accident: Death Or Injury — Defendant Nondriving Owner or Passenger In Control]
CALCRIM 2151 [Failure To Perform Duty Following Accident: Property Damage — Defendant Nondriving Owner Or Passenger In Control]
Research Notes:
See CLARAWEB Forum, Vehicle Offenses—Series 2100.
F 2150 Note 2 Propriety Of Restitution
See People v. Carbajal (1995) 10 C4th 1114, 1120-21.
