California Criminal Jury Instructions (CALCRIM) (2017)

2220. Driving With Suspended or Revoked License

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E. LICENSING OFFENSES
2220.Driving With Suspended or Revoked Driving Privilege (Veh.
Code, §§ 13106, 14601, 14601.1, 14601.2, 14601.5)
The defendant is charged [in Count ] with driving while (his/her)
driving privilege was (suspended/ [or] revoked) [in violation of
<insert appropriate code section[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant drove a motor vehicle while (his/her) driving
privilege was (suspended/ [or] revoked) [for <insert
basis for suspension or revocation>];
AND
2. When the defendant drove, (he/she) knew that (his/her) driving
privilege was (suspended/ [or] revoked).
[If the People prove that:
1. The California Department of Motor Vehicles mailed a notice to
the defendant telling (him/her) that (his/her) driving privilege
had been (suspended/ [or] revoked);
2. The notice was sent to the most recent address reported to the
department [or any more recent address reported by the person,
a court, or a law enforcement agency];
AND
3. The notice was not returned to the department as undeliverable
or unclaimed;
then you may, but are not required to, conclude that the defendant
knew that (his/her) driving privilege was (suspended/ [or] revoked).]
[If the People prove beyond a reasonable doubt that a court informed
the defendant that (his/her) driving privilege had been (suspended/ [or]
revoked), you may but are not required to conclude that the defendant
knew that (his/her) driving privilege was (suspended/ [or] revoked).]
[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 motor vehicle is defined in another instruction to which you
should refer.]
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New January 2006; Revised April 2008
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
In element 1, the court may insert the reason for the suspension or revocation
unless the court has accepted a stipulation regarding this issue.
The two bracketed paragraphs that begin with “If the People prove” each explain
rebuttable presumptions created by statute. (See Veh. Code, §§ 14601(a),
14601.1(a), 14602(c), 14601.5(c); Evid. Code, §§ 600–607.) The California
Supreme Court has held that a jury instruction phrased as a rebuttable presumption
in a criminal case creates an unconstitutional mandatory presumption. (People v.
Roder (1983) 33 Cal.3d 491, 497–505 [658 P.2d 1302].) In accordance with Roder,
the bracketed paragraphs have been written as permissive inferences.
The court must not give the bracketed paragraph that begins with “If the People
prove that the California Department of Motor Vehicles mailed a notice” if there is
evidence that the defendant did not receive the notice or for other reasons did not
know that his or her driving privilege was revoked or suspended.
Similarly, the court must not give the bracketed paragraph that begins with “If the
People prove beyond a reasonable doubt that a court informed the defendant” if
there is evidence that the defendant did not receive the notice or for other reasons
did not know that his or her driving privilege was revoked or suspended. In
addition, this provision regarding notice by the court only applies if the defendant
is charged with a violation of Vehicle Code section 14601.2. (See Veh. Code,
§ 14601.2(c).) Do not give this paragraph if the defendant is charged under any
other Vehicle Code section.
Give the bracketed definition of motor vehicle unless the court has already given
the definition in another instruction. In such cases, the court may give the bracketed
sentence stating that the term is defined elsewhere.
Give CALCRIM No. 2241, Driver and Driving Defined, on request.
If the defendant is charged with one or more prior convictions, give CALCRIM
No. 3100, Prior Conviction: Nonbifurcated Trial, unless the defendant has
stipulated to the conviction. If the court has granted a bifurcated trial on the prior
conviction, use CALCRIM No. 3101, Prior Conviction: Bifurcated Trial.
AUTHORITY
• Elements. Veh. Code, §§ 13106, 14601, 14601.1, 14601.2, 14601.5.
Motor Vehicle Defined. Veh. Code, § 415.
• Actual Knowledge of Suspension or Revocation Required. In re Murdock
(1968) 68 Cal.2d 313, 315–316 [66 Cal.Rptr. 380, 437 P.2d 764].
• Mandatory Presumption Unconstitutional Unless Instructed as Permissive
CALCRIM No. 2220 VEHICLE OFFENSES
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Inference. People v. Roder (1983) 33 Cal.3d 491, 497–505 [189 Cal.Rptr. 501,
658 P.2d 1302].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 239.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 93,
Disabilities Flowing From Conviction, § 93.08[6] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.02[1][c] (Matthew Bender).
RELATED ISSUES
Suspension or Revocation Continues Until License Restored
In People v. Gutierrez (1998) 65 Cal.App.4th Supp. 1 [76 Cal.Rptr.2d 166], the
defendant’s license had been suspended for a period of one year for driving under
the influence. The defendant was arrested for driving after that one-year period had
expired. The court held that the defendant’s license remained suspended even
though the stated time period had passed because the defendant had not taken the
steps necessary to restore his driving privilege. (Id. at pp. 8–9.)
Privilege to Drive May Be Suspended or Revoked Even If No License Issued
A person’s privilege to drive may be suspended or revoked even though that person
has never been issued a valid driver’s license. (People v. Matas (1988) 200
Cal.App.3d Supp. 7, 9 [246 Cal.Rptr. 627].)
May Be Punished for This Offense and Driving Under the Influence
In In re Hayes (1969) 70 Cal.2d 604, 611 [75 Cal.Rptr. 790, 451 P.2d 430], the
court held that Penal Code section 654 did not preclude punishing the defendant for
both driving under the influence and driving with a suspended license.
VEHICLE OFFENSES CALCRIM No. 2220
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