The court has a sua sponte duty to give this instruction deﬁning the elements of
the crime. Give this instruction if the prosecution alleges that the defendant drove
the vehicle. If the prosecution alleges that the defendant was a nondriving owner
present in the vehicle or other passenger in control of the vehicle, give CALCRIM
No. 2151, Failure to Perform Duty Following Accident: Property
Damage—Defendant Nondriving Owner or Passenger in Control.
If causation is at issue, the court has a sua sponte duty to instruct on proximate
cause. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590–591 [35 Cal.Rptr.
401].) If the evidence indicates that there was only one cause of property damage,
the court should give the “direct, natural, and probable” language in the ﬁrst
bracketed paragraph on causation. If there is evidence of multiple causes of
property damage, the court should also give the “substantial factor” instruction in
the second bracketed paragraph on causation. (See People v. Autry (1995) 37
Cal.App.4th 351, 363 [43 Cal.Rptr.2d 135]; People v. Pike (1988) 197 Cal.App.3d
732, 746–747 [243 Cal.Rptr. 54].)
Give the bracketed paragraph deﬁning “involved in a vehicle accident” if that is an
issue in the case.
Give the bracketed paragraph stating that “the driver is required to identify himself
or herself as the driver” if there is evidence that the defendant stopped and
identiﬁed himself or herself but not in a way that made it apparent to the other
parties that the defendant was the driver. (People v. Kroncke (1999) 70 Cal.App.4th
1535, 1546 [83 Cal.Rptr.2d 493].)
Give the bracketed sentence that begins with “The property damaged may include”
if the evidence shows that the accident may have damaged only the defendant’s
Give the bracketed paragraph that begins with “If the accident caused the defendant
to be unconscious” if there is sufficient evidence that the defendant was
unconscious or disabled at the scene of the accident.
On request, give CALCRIM No. 2241, Driver and Driving Deﬁned.
• Elements. Veh. Code, § 20002; People v. Carbajal (1995) 10 Cal.4th 1114,
1123, fn. 10 [43 Cal.Rptr.2d 681, 899 P.2d 67].
• Knowledge of Accident. People v. Carbajal (1995) 10 Cal.4th 1114, 1123, fn.
10 [43 Cal.Rptr.2d 681, 899 P.2d 67].
• Willful Failure to Perform Duty. People v. Crouch (1980) 108 Cal.App.3d
Supp. 14, 21–22 [166 Cal.Rptr. 818].
• Duty Applies Regardless of Fault for Accident. People v. Scoﬁeld (1928) 203
Cal. 703, 708 [265 P. 914].
• Involved Deﬁned. People v. Bammes (1968) 265 Cal.App.2d 626, 631 [71
VEHICLE OFFENSES CALCRIM No. 2150