from Veh. Code, § 22352 of area where alleged violation
4. The defendant’s rate of speed was faster than a reasonable
person would have driven considering the weather, visibility,
traffic, and conditions of the highway.]
[The term highway describes any area publicly maintained and open to
the public for purposes of vehicular travel and includes a street.]
[When determining whether the defendant drove faster than a
reasonable person would have driven, consider not only the speed, but
also all the surrounding conditions known by the defendant and also
what a reasonable person would have considered a safe rate of travel
given those conditions.
The People have the burden of proving beyond a reasonable doubt that
the defendant’s rate of travel was not reasonable given the overall
conditions, even if the rate of travel was faster than the prima facie
speed law. If the People have not met this burden, you must ﬁnd the
defendant did not violate the prima facie speed law.]]
New January 2006
In a vehicular manslaughter case, the court has a sua sponte duty instruct on the
elements of the predicate misdemeanors or infractions alleged. (People v. Ellis
(1999) 69 Cal.App.4th 1334, 1339 [82 Cal.Rptr.2d 409].) This instruction covers
some of the more common infractions alleged. The court must give all appropriate
instructions deﬁning the element of vehicular manslaughter with this instruction.
When instructing on the prima facie speed law, insert the appropriate description of
where the defendant was driving when the alleged violation occurred. If the
defendant presents evidence that the rate of travel was not in violation of the basic
speed law even though in violation of the prima facie speed law, give bracketed
element 4 and the two bracketed paragraphs that begin, “When determining
whether the defendant drove faster than a reasonable person”. (Veh. Code,
§§ 22351, 22352.)
The court should deﬁne the term highway; however, it need only be deﬁned once.
If the court instructs on multiple Vehicle Code sections, give the bracketed
deﬁnition of highway at the end of the last Vehicle Code section instructed on.
• Maximum Speed Law. Veh. Code, § 22349.
HOMICIDE CALCRIM No. 595