CALCRIM No. 2202

The defendant is charged [in Count] with engaging in an

exhibition of speed [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 an exhibition

of speed.

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 an exhibition of speed when he or she accelerates or

drives at a rate of speed that is dangerous and unsafe in order to show

off or make an impression on someone else.

[The People must prove that the defendant intended to show off or

impress someone but are not required to prove that the defendant

intended to show off to or impress any particular person.]

[A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/

bus/school bus/commercial vehicle/truck tractor and trailer/

<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