Does a jury have to find that a vehicle code section 2800.2 violation is willful and wanton disregard for the safety of persons or property?

California, United States of America


The following excerpt is from People v. Reed, F073821 (Cal. App. 2018):

In People v. Mutuma (2006) 144 Cal.App.4th 635 (Mutuma), the defendant argued, inter alia, that the jury instructions on Vehicle Code section 2800.2 were erroneous as they did not specifically state the jury had to find that the three violations occurred beyond a reasonable doubt. In considering this question, this court found the trial court was correct in not giving a separate instruction directing the jury to decide whether or not the three alleged violations constituted willful and wanton disregard for the safety of persons or property, as these were questions of law properly resolved by the trial judge. (Id. at p. 643.) "Whether an offense is a traffic offense or something else

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depends on what statute has been violated, not on any of the circumstances of the particular violation." (Ibid.)

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