California Criminal Jury Instructions (CALCRIM) (2017)
2221. Driving Without a LicenseDownload PDF
2221.Driving Without a License (Veh. Code, § 12500(a))
The defendant is charged [in Count ] with driving without a
license [in violation of Vehicle Code section 12500(a)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant drove a motor vehicle on a highway;
2. When the defendant drove, (he/she) did not hold a valid
California driver’s license(;/.)
<Give element 3 when instructing on statutory exemption.>
3. The defendant was not excused from the requirement to have a
California driver’s license.]
Whether the defendant was properly licensed is a matter within (his/
her) own knowledge. The defendant must produce evidence tending to
show that (he/she) did hold a valid driver’s license. If the evidence
raises in your mind a reasonable doubt about whether the defendant
held a valid driver’s license, you must ﬁnd the defendant not guilty of
[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 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
The court has a sua sponte duty to give this instruction deﬁning the elements of
Exemptions to the licensing requirement are stated in Vehicle Code sections 12501
to 12505. If there is sufficient evidence that the defendant was exempt, the court
has a sua sponte duty to instruct on the defense. Give bracketed element 3.
The court must deﬁne the terms “highway” and “motor vehicle.” Give the relevant
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.
Give CALCRIM No. 2241, Driver and Driving Deﬁned, on request.
• Elements. Veh. Code, § 12500(a).
•Offense Is a Misdemeanor. Veh. Code, § 40000.11(b).
• Motor Vehicle Deﬁned. Veh. Code, § 415.
• Highway Deﬁned. Veh. Code, § 360.
• Instruction on Production of Evidence. People v. Garcia (2003) 107
Cal.App.4th 1159, 1164 [132 Cal.Rptr.2d 694]; In re Shawnn F. (1995) 34
Cal.App.4th 184, 198–199 [40 Cal.Rptr.2d 263].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 238.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 93,
Disabilities Flowing From Conviction, § 93.08 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.02[c] (Matthew Bender).
VEHICLE OFFENSES CALCRIM No. 2221