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SERIES 2100 VEHICLE OFFENSES

F 2113 Driving With 0.05 Percent Blood Alcohol When Under 21 (VC 23140(a))

TABLE OF CONTENTS
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]

Return to Series 2100 Table of Contents.


F 2113.1 Titles And Identification Of Parties

F 2113.1 Inst 1 Driving With 0.05 Percent Blood Alcohol When Under 21—Title

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


F 2113.1 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 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

*Modify CC 2113, paragraph 3, as follows [deleted language is stricken]:

[In evaluating any test results in this case, you may consider whether or not the person administering the test or the agency maintaining the testing device followed the regulations of the California Department of Health Services.]

Points and Authorities

See FORECITE F 105.2 Inst 1.


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

See FORECITE F 400.4 Inst 1.


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

*Modify CC 2113, Element 3, as follows [added language is underlined; deleted language is stricken]:

3. At that time, the When the defendant drove, (he/she) was under 21 years old.

Points and Authorities

See FORECITE F 251 Inst 3.


F 2113.6 Driving With 0.05 Percent Blood Alcohol When Under 21—Defense Theories

F 2113.6 Inst 1 Pinpoint Instruction—Driving

See FORECITE F 2100.6 Inst 3.


F 2113.6 Inst 2 Pinpoint Instruction When Defendant And Police Blood Alcohol Tests Conflict

See FORECITE F 2100.6 Inst 8.


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]

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