New January 2006; Revised April 2008
The court has a sua sponte duty to give this instruction deﬁning the elements of
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know that his or her driving privilege was revoked or suspended.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did not know that his or her driving privilege was revoked or suspended.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.
• 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