Section 3223 | CALCRIM (Jury Instructions)

If the defendant is charged with reckless driving on a highway (Veh. Code,
§ 23103(a)), select the phrase “on a highway” in element 1. If the defendant is
charged with reckless driving in an off-street parking facility (Veh. Code,
§ 23103(b)), select that phrase in element 1.
Give the bracketed paragraph that begins with “If you conclude that the defendant
was driving faster than” on request if relevant based on the evidence. (People v.
Nowell (1941) 45 Cal.App.2d Supp. 811, 813–814 [114 P.2d 81].)
The court must define the terms “highway” and “vehicle.” Give the bracketed
definitions of the terms unless the court has already given these definitions in other
instructions. In such cases, the court may give the bracketed sentence stating that
the terms are defined elsewhere.
If the People allege that defendant violated Vehicle Code section 23105(b) in
committing this crime, give CALCRIM No. 3223, Reckless Driving With Specified
Injury, in addition to this instruction.
Give CALCRIM No. 2241, Driver and Driving Defined, on request.
AUTHORITY
•
Elements. Veh. Code, § 23103(a) & (b).
•
Vehicle Defined. Veh. Code, § 670.
•
Highway Defined. Veh. Code, § 360.
•
Off-Street Parking Facility Defined. Veh. Code, § 12500(c).
•
Willful or Wanton Disregard. People v. Schumacher (1961) 194 Cal.App.2d 335,
340 [14 Cal.Rptr. 924]; People v. Young (1942) 20 Cal.2d 832, 837 [129 P.2d
353].
•
Gross Negligence Insufficient. People v. Allison (1951) 101 Cal.App.2d Supp.
932, 935 [226 P.2d 85].
•
Speeding May Constitute Recklessness Based on Circumstances. People v.
Nowell (1941) 45 Cal.App.2d Supp. 811, 813–814 [114 P.2d 81].
•
Requires Reckless Act of Driving, Not Merely Mental State. People v. McNutt
(1940) 40 Cal.App.2d Supp. 835, 838–839 [105 P.2d 657]; People v. Smith
(1939) 36 Cal.App.2d Supp. 748, 751 [92 P.2d 1039].
•
This Instruction Upheld. People v. Barber (2020) 55 Cal.App.5th 787, 808 [269
Cal.Rptr.3d 712].
RELATED ISSUES
Offense Is a Misdemeanor, Not an Infraction
Reckless driving is a misdemeanor and may not be reduced to an infraction. (People
v. Dibacco (2004) 117 Cal.App.4th Supp. 1, 4 [12 Cal.Rptr.3d 258].)
Speeding Not Necessarily Lesser Included Offense
Speeding is not a necessarily lesser included offense of reckless driving. (People v.
Dibacco (2004) 117 Cal.App.4th Supp. 1, 4 [12 Cal.Rptr.3d 258].)
CALCRIM No. 2200
VEHICLE OFFENSES
206