CALCRIM No. 2965

Causing Traffic Collision (Bus. & Prof. Code, § 25658.2)

The defendant is charged [in Count] with permitting a child to

consume an alcoholic beverage at (his/her) home [in violation of Business

and Professions Code section 25658.2].

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

prove that:

1. The defendant was the (parent/guardian) of <insert

name of defendant’s child>;

2. The defendant permitted <insert name of defendant’s

child> [or , <insert name of other person under 18

years old> who was in the company of <insert name

of defendant’s child>, or both,] to (consume an alcoholic beverage/

[or] use <insert controlled substance listed in Health

& Saf. Code, § 11550>, a controlled substance,) in the defendant’s

home;

3. <insert name of defendant’s child> [and

<insert name of other person under 18 years old>] (was/were)

under 18 years old at the time;

4. The defendant knew that (he/she) was permitting

<insert name of defendant’s child> [or <insert name of

other person under 18 years old>, or both,] to (consume an

alcoholic beverage/ [or] use <insert controlled

substance listed in Health & Saf. Code, § 11550>, a controlled

substance,) in the defendant’s home;

5. As a result of (consuming the alcoholic beverage/ [or] using the

controlled substance), <insert name of defendant’s

child or other person under 18 years old> (had a blood-alcohol

concentration of 0.05 percent or greater, as measured by a

chemical test[,]/ [or] was under the influence of a controlled

substance);

6. The defendant allowed <insert name of defendant’s

child or other person under 18 years old> to drive a vehicle after

leaving the defendant’s home;

7. The defendant knew that (he/she) was allowing

<insert name of defendant’s child or other person under 18 years

old> to drive a vehicle after leaving the defendant’s home;

AND

8. <insert name of defendant’s child or other person

under 18 years old> caused a traffic collision while driving the

vehicle.

An alcoholic beverage is a liquid or solid material intended to be

consumed that contains one-half of 1 percent or more of alcohol by

volume. [An alcoholic beverage includes <insert type[s] of

beverage[s] from Bus. & Prof. Code, § 23004, e.g., wine, beer>.]

An act causes a traffic collision if the collision is the direct, natural, and

probable consequence of the act and the collision would not have

happened without the act. A natural and probable consequence is one

that a reasonable person would know is likely to happen if nothing

unusual intervenes. In deciding whether a consequence is natural and

probable, consider all the circumstances established by the evidence.

<Defense: Good Faith Belief at Least 18>

[The defendant is not guilty of this crime if (he/she) reasonably and

actually believed that <insert name of person under 18> was

at least 18 years old. The People have the burden of proving beyond a

reasonable doubt that the defendant did not reasonably and actually

believe that <insert name of person under 18> was at least

18 years old. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

[There may be more than one cause of a traffic collision. An act causes a

collision only if it is a substantial factor in causing the collision. A

substantial factor is more than a trivial or remote factor. However, it does

not need to be the only factor that causes the collision.]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

[In evaluating the test results in this case, you may consider whether or

not the person administering the test or the agency maintaining the

testing device followed the regulations of the California Department of

Health Services.]

New January 2006