CALCRIM No. 2202. Exhibition of Speed (Veh. Code, § 23109(c))

Judicial Council of California Criminal Jury Instructions (2024 edition)

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2202.Exhibition of Speed (Veh. Code, § 23109(c))
The defendant is charged [in Count ] with engaging in an
exhibition of speed [in violation of Vehicle Code section 23109].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant drove a motor vehicle on a highway;
AND
2. While so driving, the defendant willfully engaged in an exhibition
of speed.
Someone commits an act willfully when he or she does it willingly or on
purpose. It is not required that he or she intend to break the law, hurt
someone else, or gain any advantage.
A person engages in an exhibition of speed when he or she accelerates or
drives at a rate of speed that is dangerous and unsafe in order to show
off or make an impression on someone else.
[The People 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.]
[A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/
bus/school bus/commercial vehicle/truck tractor and trailer/
<insert other type of motor vehicle>).]
[The term highway describes any area publicly maintained and open to
the public for purposes of vehicular travel, and includes a street.]
[The term[s] (motor vehicle/ [and] highway) (is/are) defined in another
instruction to which you should refer.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
The court must define the terms “motor vehicle” and “highway.” Give the bracketed
definitions unless the court has already given the definition in other instructions. In
such cases, the court may give the bracketed sentence stating that the term is
defined elsewhere.
If the defendant is charged with aiding and abetting an exhibition of speed, give
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CALCRIM No. 401, Aiding and Abetting: Intended Crimes. This instruction also
must be given, but the court should modify the first sentence and change
“defendant” to “perpetrator” throughout the instruction.
Give CALCRIM No. 2241, Driver and Driving Defined, on request.
AUTHORITY
• Elements. Veh. Code, § 23109(c), (e)(2), (f)(1)-(3).
• Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,
107 [51 Cal.Rptr.2d 402].
• Motor Vehicle Defined. Veh. Code, § 415.
• Highway Defined. Veh. Code, § 360.
• Serious Bodily Injury Defined. Pen. Code, § 243(f)(4).
• Exhibition of Speed Defined. People v. Grier (1964) 226 Cal.App.2d 360, 364
[38 Cal.Rptr. 11]; In re Harvill (1959) 168 Cal.App.2d 490, 492-493 [335 P.2d
1016] [discussing prior version of statute]; see also Tischoff v. Wolfchief (1971)
16 Cal.App.3d 703, 707 [94 Cal.Rptr. 299] [term did not require definition in
civil case].
• Screeching Tires. In re F. E. (1977) 67 Cal.App.3d 222, 225 [136 Cal.Rptr. 547];
People v. Grier (1964) 226 Cal.App.2d 360, 363 [38 Cal.Rptr. 11].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 321.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.02[1][c] (Matthew Bender).
2203-2219. Reserved for Future Use
VEHICLE OFFENSES CALCRIM No. 2202
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