CALCRIM No. 2201. Speed Contest (Veh. Code, § 23109(c), (e)(2), (f)(1)-(3))

Judicial Council of California Criminal Jury Instructions (2024 edition)

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2201.Speed Contest (Veh. Code, § 23109(c), (e)(2), (f)(1)-(3))
The defendant is charged [in Count ] with engaging in a speed
contest [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 a speed
contest(./;)
[AND]
3. The speed contest was a substantial factor in causing someone
other than the defendant to suffer [serious] bodily injury.
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 a speed contest when he or she uses a motor vehicle
to race against another vehicle, a clock, or other timing device. [A speed
contest does not include an event in which the participants measure the
time required to cover a set route of more than 20 miles but where the
vehicle does not exceed the speed limits.]
[A serious bodily injury means a serious impairment of physical
condition. Such an injury may include[, but is not limited to]: (loss of
consciousness/concussion/bone fracture/protracted loss or impairment of
function of any bodily member or organ/a wound requiring extensive
suturing/ [and] serious disfigurement).]
[A motor vehicle includes a (passenger vehicle/motorcycle/bus/ school bus/
commercial vehicle/truck tractor/ <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; Revised June 2007
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
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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 a speed contest under Vehicle
Code section 23109(b), give 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 the appropriate bracketed language of element 3 if the defendant is charged
with causing an injury, as well as CALCRIM No. 240, Causation.
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.
• Speed Contest. In re Harvill (1959) 168 Cal.App.2d 490, 492-493 [335 P.2d
1016] [discussing prior version of statute].
• Serious Bodily Injury Defined. Pen. Code, § 243(f)(4).
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).
VEHICLE OFFENSES CALCRIM No. 2201
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