aware that his or her actions present a substantial and unjustiﬁable risk
of harm, (2) and he or she intentionally ignores that risk. The person
does not, however, have to intend to cause damage.
[Driving with willful or wanton disregard for the safety of persons or
property includes, but is not limited to, causing damage to property
while driving or committing three or more violations that are each
assigned a traffic violation point.]
[<insert traffıc violations alleged> are each assigned a
traffic violation point.]
A vehicle is distinctively marked if it has features that are reasonably
noticeable to other drivers, including a red lamp, siren, and at least one
other feature that makes it look different from vehicles that are not
used for law enforcement purposes.
Adistinctive uniform means clothing adopted by a law enforcement
agency to identify or distinguish members of its force. The uniform does
not have to be complete or of any particular level of formality. However,
a badge, without more, is not enough.
New January 2006; Revised August 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
The jury must determine whether a peace officer was pursuing the defendant.
(People v. Flood (1998) 18 Cal.4th 470, 482 [76 Cal.Rptr.2d 180, 957 P.2d 869].)
The court must instruct the jury in the appropriate deﬁnition of “peace officer”
from the statute. (Ibid.) It is an error for the court to instruct that the witness is a
peace officer as a matter of law. (Ibid. [instruction that “Officer Bridgeman and
Officer Gurney are peace officers” was error].) If the witness is a police officer,
give the bracketed sentence that begins with “A person employed as a police
officer.” If the witness is another type of peace officer, give the bracketed sentence
that begins with “A person employed by.”
Give the bracketed deﬁnition of “driving with willful or wanton disregard” if there
is evidence that the defendant committed three or more traffic violations. The court
may also, at its discretion, give the bracketed sentence that follows this deﬁnition,
inserting the names of the traffic violations alleged.
On request, the court must give CALCRIM No. 3426, Voluntary Intoxication, if
there is sufficient evidence of voluntary intoxication to negate the intent to evade.
(People v. Finney (1980) 110 Cal.App.3d 705, 712 [168 Cal.Rptr. 80].)
On request, give CALCRIM No. 2241, Driver and Driving Deﬁned.
CALCRIM No. 2181 VEHICLE OFFENSES