3223.Reckless Driving With Speciﬁed Injury (Veh. Code,
If you ﬁnd the defendant guilty of reckless driving, you must then
decide whether the People have proved the additional allegation that
when the defendant committed that crime, (he/she) caused someone else
to suffer <insert injury or injuries speciﬁed in Veh. Code
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must ﬁnd
that the allegation has not been proved.
New August 2013; Revised August 2016
The court has a sua sponte duty to give this instruction. See Apprendi v. New
Jersey (2000) 530 U.S. 466, 490 [120 S.Ct. 2348, 147 L.Ed.2d 435] [any fact that
increases penalty for crime beyond prescribed statutory maximum must be
submitted to jury and proved beyond reasonable doubt.]
The court has a sua sponte duty to give CALCRIM No. 240, Causation, if the
issue of whether the defendant’s act caused injury goes to the jury. (People v.
Bernhardt (1963) 222 Cal.App.2d 567, 591 [35 Cal.Rptr. 401].
• Elements. Veh. Code, § 23105(b).
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 271.
CALCRIM No. 2200, Reckless Driving.
3224–3249. Reserved for Future Use