California Criminal Jury Instructions (CALCRIM) (2017)
2222. Failing to Present Driver's LicenseDownload PDF
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
To prove that the defendant is guilty of this crime, the People must
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
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
[A person employed as a police officer by <insert name of
agency that employs police offıcer> is a peace officer.]
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
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.
• Elements. Veh. Code, § 12951(b).
• Offense Is a Misdemeanor. Veh. Code, § 40000.11(i).
• Motor Vehicle Deﬁned. Veh. Code, § 415.
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 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.02[c] (Matthew Bender).
2223–2239. Reserved for Future Use
VEHICLE OFFENSES CALCRIM No. 2222