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SERIES 2200 VEHICLE OFFENSES

F 2202 Exhibition Of Speed (VC 23109(c))

TABLE OF CONTENTS
F 2202.1 Titles And Identification Of Parties
F 2202.1 Inst 1 Exhibition Of Speed—Title
F 2202.1 Inst 2 Identification Of Prosecution And Defendant

F 2202.2 Exhibition Of Speed—Tailoring To Facts: Persons, Places, Things And Theories
F 2202.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts

F 2202.3 Exhibition Of Speed—Language That Is Argumentative, Confusing, Etc.
F 2202.3 Inst 1 Willfully: Argumentative
F 2202.3 Inst 2 Deletion Of Argumentative Language

F 2202.4 Exhibition Of Speed—Burden Of Proof Issues
F 2202.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 2202.5 Exhibition Of Speed—Elements And Definitions
F 2202.5 Inst 1 Willfully: Knowledge
F 2202.5 Inst 2 Willfully: Separate Enumeration
F 2202.5 Inst 3 Include Definition Of Aiding And Abetting Exhibition Of Speed In Elements
F 2202.5 Inst 4 Include Definition Of Exhibition Of Speed In Enumerated Elements

F 2202.6 Exhibition Of Speed—Defense Theories [Reserved]

F 2202.7 Exhibition Of Speed—Preliminary Fact Issues [Reserved]

F 2202.8 Exhibition Of Speed—Unanimity/Duplicity/Multiplicity [Reserved]

F 2202.9 Exhibition Of Speed—Lesser Offense Issues [Reserved]

Return to Series 2200 Table of Contents.


F 2202.1 Titles And Identification Of Parties

F 2202.1 Inst 1 Exhibition Of Speed—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 2202.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 2202.2Exhibition Of Speed—Tailoring To Facts: Persons, Places, Things And Theories

F 2202.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts

Adapt from FORECITE F 2201.2 Inst 1.


F 2202.3 Exhibition Of Speed—Language That Is Argumentative, Confusing, Etc.

F 2202.3 Inst 1 Willfully: Argumentative

See FORECITE F 820.3 Inst 1.


F 2202.3 Inst 2 Deletion Of Argumentative Language

*Modify CC 2200, paragraph 5, as follows [added language is underlined; deleted language is stricken]:

[The People prosecution must prove that the defendant intended to show off or impress someone but are not required to prove that the defendant intended to show off to or impress any particular person.]

Points and Authorities

See FORECITE F 416.3 Inst 4.


F 2202.4 Exhibition Of Speed—Burden Of Proof Issues

F 2202.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 2202.5 Exhibition Of Speed—Elements And Definitions

F 2202.5 Inst 1 Willfully: Knowledge

See FORECITE F 820.5 Inst 1.


F 2202.5 Inst 2 Willfully: Separate Enumeration

See FORECITE F 840.5 Inst 3.


F 2202.5 Inst 3 Include Definition Of Aiding And Abetting Exhibition Of Speed In Elements

*Modify CC 2202, Elements, as follows [added language is underlined; deleted language is stricken]:

1. The defendant _______________ <name of driver> drove a motor vehicle on a highway;

AND

2. While so driving, the defendant _______________ <name of driver> willfully engaged in an exhibition of speed.

3. The defendant knew that _______________ <name of driver> intended to engage in an exhibition of speed;

4. Before or during the exhibition of speed, the defendant intended to aid and abet _______________ <name of driver> in the exhibition of speed;

AND

5. The defendant’s words or conduct did in fact aid and abet _______________ <name of driver> in the exhibition of speed.

Points and Authorities

See FORECITE F 417.5 Inst 2.


F 2202.5 Inst 4 Include Definition Of Exhibition Of Speed In Enumerated Elements

*Modify CC 2202, Element 2, as follows [added language is underlined; deleted language is stricken]:

2. While so driving, the defendant willfully engaged in an exhibition of speed drove at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else.

[Delete paragraph 4.]

Points and Authorities

See FORECITE F 417.5 Inst 2.


F 2202.6 Exhibition Of Speed—Defense Theories [Reserved]


F 2202.7 Exhibition Of Speed—Preliminary Fact Issues [Reserved]


F 2202.8 Exhibition Of Speed—Unanimity/Duplicity/Multiplicity [Reserved]


F 2202.9 Exhibition Of Speed—Lesser Offense Issues [Reserved]

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