CALCRIM No. 2201

The defendant is charged [in Count] with engaging in a speed

contest [in violation of Vehicle Code section 23109].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant drove a motor vehicle on a highway;

[AND]

2. While so driving, the defendant willfully engaged in a speed

contest(./;)

[AND]

3. The speed contest was a substantial factor in causing someone

other than the defendant to suffer [serious] bodily injury.

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.

A person engages in a speed contest when he or she uses a motor vehicle

to race against another vehicle, a clock, or other timing device. [A speed

contest does not include an event in which the participants measure the

time required to cover a set route of more than 20 miles but where the

vehicle does not exceed the speed limits.]

[A serious bodily injury means a serious impairment of physical

condition. Such an injury may include[, but is not limited to]: (loss of

consciousness/concussion/bone fracture/protracted loss or impairment of

function of any bodily member or organ/a wound requiring extensive

suturing/ [and] serious disfigurement).]

[A motor vehicle includes a (passenger vehicle/motorcycle/bus/ school bus/

commercial vehicle/truck tractor/ <insert other type of motor

vehicle>).]

[The term highway describes any area publicly maintained and open to

the public for purposes of vehicular travel, and includes a street.]

[The term[s] (motor vehicle/ [and] highway) (is/are) defined in another

instruction to which you should refer.]

New January 2006; Revised June 2007