Criminal Law

2222. Failing to Present Driver's License

The defendant is charged [in Count ______] with failing to present (his/her) driver's license to a peace officer.

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;


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 officer> is a peace officer.]

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.


Elements. Veh. Code, § 12951(b).

Offense Is a Misdemeanor. Veh. Code, § 40000.11(h).

Motor Vehicle Defined. Veh. Code, § 415.

Secondary Sources

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).

(New January 2006)