Section 2140 | CALCRIM (Jury Instructions)

• The name and current residence address of the owner of
the vehicle if the defendant is not the owner(;/.)]
<Give following sentence if occupants of defendant’s vehicle were
injured.>
[AND
• The names and current residence addresses of any
occupants of the defendant’s vehicle who were injured in
the accident.]
[AND]
(d) When requested, to show (his/her) driver’s license if available
to (the person struck/the driver or occupants of any vehicle
collided with) or any peace officer at the scene of the
accident(;/.)
<Give element 4(e) if accident caused death.>
[AND
(e) The driver must, without unnecessary delay, notify either the
police department of the city where the accident happened or
the local headquarters of the California Highway Patrol if the
accident happened in an unincorporated area.]
Someone commits an act willfully when he or she does it willingly or on
purpose. It is not required that he or she intend to break the law, hurt
someone else, or gain any advantage.
The duty to immediately stop means that the driver must stop his or her
vehicle as soon as reasonably possible under the circumstances.
To provide reasonable assistance means the driver must determine what
assistance, if any, the injured person needs and make a reasonable effort
to see that such assistance is provided, either by the driver or someone
else. Reasonable assistance includes transporting anyone who has been
injured for medical treatment, or arranging the transportation for such
treatment, if it is apparent that treatment is necessary or if an injured
person requests transportation. [The driver is not required to provide
assistance that is unnecessary or that is already being provided by
someone else. However, the requirement that the driver provide
assistance is not excused merely because bystanders are on the scene or
could provide assistance.]
The driver of a vehicle must perform the duties listed regardless of who
was injured and regardless of how or why the accident happened. It does
not matter if someone else caused the accident or if the accident was
unavoidable.
CALCRIM No. 2140
VEHICLE OFFENSES
170

79–80 [45 Cal.Rptr. 167, 403 P.2d 423]; People v. Carter (1966) 243 Cal.App.2d
239, 241 [52 Cal.Rptr. 207]; People v. Hamilton (1978) 80 Cal.App.3d 124,
133–134 [145 Cal.Rptr. 429].
•
Willful Failure to Perform Duty. People v. Crouch (1980) 108 Cal.App.3d Supp.
14, 21–22 [166 Cal.Rptr. 818].
•
Duty Applies Regardless of Fault for Accident. People v. Scofield (1928) 203
Cal. 703, 708 [265 P. 914].
•
Involved Defined. People v. Bammes (1968) 265 Cal.App.2d 626, 631 [71
Cal.Rptr. 415]; People v. Sell (1950) 96 Cal.App.2d 521, 523 [215 P.2d 771].
•
Immediately Stopped Defined. People v. Odom (1937) 19 Cal.App.2d 641,
646–647 [66 P.2d 206].
•
Duty to Render Assistance. People v. Scofield (1928) 203 Cal. 703, 708 [265 P.
914]; People v. Scheer (1998) 68 Cal.App.4th 1009, 1027 [80 Cal.Rptr.2d 676].
•
Permanent, Serious Injury Defined. Veh. Code, § 20001(d).
•
Statute Does Not