SERIES 2100 VEHICLE OFFENSES
F 2101 Driving With 0.08 Percent Blood Alcohol Causing Injury (VC 23153(B))
TABLE OF CONTENTS
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 Theories
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 3 Necessity 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]
Return to Series 2100 Table of Contents.
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
See FORECITE F 2100.5 Inst 1.
F 2101.5 Inst 2 Failure To Exercise Ordinary Care And Maintain Proper Control Of The Vehicle
See FORECITE F 2100.5 Inst 2.
F 2101.5 Inst 3 Definition Of Driving (VC 23153(a))
See FORECITE F 2100.5 Inst 3.
F 2101.5 Inst 4 Separate Enumeration Of Combined Elements; Tailoring To Facts
*Modify CC 2101, Elements, as follows [added language is underlined; deleted language is stricken]:
1. The defendant drove a vehicle _______________ <describe vehicle>;
2. When (he/she) drove, the defendant’s blood alcohol level was 0.08 percent or more by weighthis or her mental or physical abilities were so impaired that he or she was no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances;
3. The impairment of the defendant’s driving was caused because the defendant’s blood alcohol level was 0.08 percent or more by weight;
3 4. When the defendant was In addition to driving with that blood alcohol level, (he/she) also (committed an illegal act/ [or] neglected to perform a legal duty);
5. The [act committed was illegal] [the failure to act violated a legal duty]. To prove the defendant’s (act/failure to perform an act) was illegal, the prosecution must prove all of the following beyond a reasonable doubt:
[Insert elements of alleged predicate crime];
AND
6. The defendant’s (illegal act/ [or] failure to perform a legal duty) caused bodily injury to another person _______________ <name of alleged victim>.
Points and Authorities
See FORECITE F 2100.5 Inst 4.
F 2101.5 Inst 5 Incorporate Definition In Element
*Modify CC 2101, paragraph 7, as follows [added language is underlined]:
[The People [also] allege that the defendant failed to perform the following legal (duty/duties) while driving the vehicle: (the duty to exercise ordinary care at all times and to maintain proper control of the vehicle/ ____________ <insert other duty or duties alleged>).] [Using ordinary care means using reasonable care to prevent reasonably foreseeable harm to someone else. A person fails to exercise ordinary care if he or she (does something that a reasonably careful person would not do in the same situation/[or] fails to do something that a reasonably careful person would do in the same situation).]
Points and Authorities
See FORECITE F 417.5 Inst 2.
F 2101.5 Inst 6 Multiple Injuries (VC 23558, formerly VC 23182)
See FORECITE F 2100.5 Inst 6.
F 2101.5 Inst 7 Applicable VC Violations Must Be Referenced In Respect To Felony DUI Counts (VC 23558 former VC 23182)
*When appropriate, modify Element 3 of CC 2101 to provide as follows [added language is underlined]:
3. When the defendant was driving with that blood alcohol level, (he/she) also (committed an illegal act/ [or] neglected to perform a legal duty); namely a violation of __________<insert specific violation relied upon by prosecution>;
Points and Authorities
See FORECITE F 2100.5 Inst 7.
F 2101.6 Driving with 0.08 Percent Blood Alcohol Causing Injury – Defense Theories
F 2101.6 Inst 1 Pinpoint Instruction – Driving
See FORECITE F 2100.6 Inst 3.
F 2101.6 Inst 2 Felony Driving Under The Influence: Failure To Advise That Breath Sample Not Retained (VC 23153(a))
See FORECITE F 2100.6 Inst 4.
F 2101.6 Inst 3 Necessity As Defense To Drunk Driving (VC 23152/VC 23153)
See FORECITE F 2100.6 Inst 5.
F 2101.6 Inst 4 Drunk Driving: Defense Theory That Conduct Was Caused By Psychiatric Disorder
See FORECITE F 2100.6 Inst 6.
F 2101.6 Inst 5 Pinpoint Instruction When Defendant And Police Blood Alcohol Tests Conflict
See FORECITE F 2100.6 Inst 7.
F 2101.6 Inst 6 Drunk Driving: Necessity – Applicability Based On Potential For Harm Not Actual Harm
See FORECITE F 2100.6 Inst 8.
F 2101.6 Inst 7 Drunk Driving (DUI): Breathalyzer Gender Bias
See FORECITE F 2100.6 Inst 9.
F 2101.6 Inst 8 Partition Ratios: Evidence Admissible As To Urine Test
See FORECITE F 2100.6 Inst 10.
F 2101.6 Inst 9 Jurors Must Consider Whether Testing Regulations Were Followed
See FORECITE F 2100.6 Inst 11.
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]