California Criminal Jury Instructions (CALCRIM) (2017)

2222. Failing to Present Driver's License

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2222.Failing to Present Driver’s License (Veh. Code, § 12951(b))
The defendant is charged [in Count ] with failing to present (his/
her) driver’s license to a peace officer [in violation of Vehicle Code
section 12951(b)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant drove a motor vehicle;
2. A peace officer, enforcing the Vehicle Code, demanded that the
defendant present (his/her) driver’s license for the officer to
examine;
AND
3. The defendant did not present (his/her) driver’s license in
response to the officer’s request.
[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.]
[A person employed as a police officer by <insert name of
agency that employs police offıcer> is a peace officer.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
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.
AUTHORITY
• Elements. Veh. Code, § 12951(b).
• Offense Is a Misdemeanor. Veh. Code, § 40000.11(i).
• Motor Vehicle Defined. Veh. Code, § 415.
Secondary Sources
202
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2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 238.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 11, Arrest,
§ 11.22[2] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.02[1][c] (Matthew Bender).
2223–2239. Reserved for Future Use
VEHICLE OFFENSES CALCRIM No. 2222
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