Under Ohio law, a person can be convicted for allowing an unlicensed person to drive their vehicle even without direct knowledge that the driver was unlicensed or had a suspended license. The statute only requires “reasonable cause to believe” the driver was not legally allowed to operate a vehicle. This broad standard makes it easy to face prosecution even without realizing a crime was committed.
Cincinnati Lawyer for Wrongful Entrustment of a Motor Vehicle
If you have been charged with wrongfully entrusting your vehicle to another person, you need to contact an experienced defense attorney immediately. Often, when a teenager or unlicensed person gets into an accident or is stopped by the police, the person to get in trouble is not the driver – it’s the vehicle’s owner. Call The Wieczorek Law Firm immediately if you have been contacted by the police regarding your vehicle.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call today at (513)-317-5987 for your free case evaluation.
Overview of Wrongful Entrustment of a Motor Vehicle
- Definition of Wrongful Entrustment of a Motor Vehicle
- Jury Considerations
- Key Definitions
- Defenses
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Wrongful Entrustment Cases
Wrongful Entrustment of a Motor Vehicle under Ohio Law
Wrongful Entrustment of a Motor Vehicle – Ohio Revised Code 4511.203
Under Ohio Revised Code 4511.203, a person commits wrongful entrustment when they allow someone to drive their vehicle despite knowing or having reasonable cause to believe the person is not legally permitted to drive. This law applies in several different circumstances, each with specific penalties based on the severity of the offense and the driver’s legal status.
Allowing an Unlicensed Person to Drive
If someone knowingly allows another person to drive their vehicle without a valid driver’s license, they violate Ohio law. This includes cases where the driver never obtained a license or allowed their license to expire beyond the legal renewal period. A first offense is an unclassified misdemeanor, meaning the person will not face jail time but can be fined up to $1,000 and required to complete up to 500 hours of community service.
For repeat offenses within three years, the charge becomes a first-degree misdemeanor, which carries more serious penalties, including up to 180 days in jail, fines, and possible vehicle immobilization for 30 days. If the person has multiple prior convictions, the court may extend the immobilization period to 60 days or order the permanent forfeiture of the vehicle.
Allowing a Suspended or Revoked Driver to Operate a Vehicle
It is also illegal to let someone drive if their license has been suspended, revoked, or canceled due to prior traffic violations or criminal offenses. Courts consider it “reasonable cause to believe” the person was not allowed to drive if the owner and driver live in the same household and the owner knew about past traffic-related charges. A first offense is an unclassified misdemeanor, with penalties including fines up to $1,000 and community service.
If the defendant has two or more prior convictions for wrongful entrustment within three years, the charge increases to a first-degree misdemeanor. This means they face up to 180 days in jail, higher fines, and mandatory vehicle immobilization. If the offense involves repeated violations, the court may permanently seize the vehicle under Ohio Revised Code 4503.234.
Allowing a Driver to Violate Certain Traffic Laws
Even if a driver has a valid license, the owner of a vehicle can still face wrongful entrustment charges if they knowingly allow the driver to operate the car in violation of Ohio Revised Code 4509 or Ohio Revised Code 4511.19. This includes cases where the driver does not have the required insurance coverage or has been convicted of operating a vehicle under the influence (OVI/DUI). If the owner rides in the vehicle while the driver commits an illegal act, courts assume they were aware of the risk.
A first offense is a first-degree misdemeanor, which carries mandatory vehicle immobilization for 30 days, a fine of up to $1,000, and possible community service. If the vehicle owner has prior wrongful entrustment convictions, the court can increase the immobilization period to 60 days or order permanent forfeiture of the vehicle.
Jury Considerations in Wrongful Entrustment Cases
Ohio Jury Instructions for Wrongful Entrustment (OJI-CR 711.203) outline several key factors that jurors consider in these cases.
The most critical element is whether the person knew or had reason to believe that the driver was not legally allowed to operate a motor vehicle. A prosecutor does not need to prove that the vehicle owner had direct knowledge of the driver’s status. Instead, the jury can consider whether a reasonable person in the same situation should have suspected that the driver was unlicensed or restricted.
Another key factor is whether the defendant and driver live in the same household. If they do, the law assumes that the vehicle owner is more likely to have known about the driver’s license status. The jury will also look at whether the defendant was in the car at the time of the offense. If so, this can suggest that they were aware of the driver’s legal situation.
The law also allows courts to consider prior convictions or license suspensions when evaluating wrongful entrustment cases. If the defendant had previous interactions with the legal system related to vehicle offenses, this can be used as evidence that they should have known about the
Since wrongful entrustment cases depend on proving what a person “should have known,” they can be complex. Defendants facing these charges should seek legal representation to challenge the evidence presented by the prosecution. driver’s status.
Key Definitions
A motor vehicle is defined under Ohio Revised Code 4501.01(B) as any self-propelled vehicle intended for use on public roads. This includes cars, trucks, and motorcycles but excludes certain vehicles like bicycles or electric scooters.
An owner refers to the person whose name appears on the vehicle’s title. However, under Ohio Revised Code 4501.01(V), a person who has control over a vehicle, such as a long-term lessee, can also be considered an owner for legal purposes.
Entrustment means allowing another person to use a vehicle, either through direct permission or by failing to prevent unauthorized use. Courts will examine whether the owner knew or should have known the driver’s legal status before allowing them to drive.
Reasonable cause to believe is a key phrase in wrongful entrustment cases. It means that the vehicle owner did not need to have direct knowledge that the driver was unlicensed or suspended, but rather that they had enough warning signs that a reasonable person would have suspected it.
Driving is defined under State v. Cleary (1986), 22 Ohio St.3d 198, 490 N.E.2d 574 as being in control of a moving vehicle. This definition means that even allowing someone to move a car a short distance, such as within a parking lot, can qualify as wrongful entrustment.
Defenses to Wrongful Entrustment Charges
No Reasonable Cause to Believe the Driver Was Unlicensed
One of the most effective defenses is proving that the vehicle owner did not have any reason to suspect the driver was unlicensed or restricted. Ohio law does not require the owner to check the status of every person they allow to drive, but it does require them to act reasonably. If the driver presented a license that appeared valid, had a history of driving legally, or misrepresented their legal status, the owner may not be liable. Courts must consider whether a reasonable person in the same situation would have known about the driver’s restrictions.
The Driver Took the Vehicle Without Permission
If a vehicle was used without the owner’s consent, they cannot be held responsible for wrongful entrustment. This applies when a car is stolen or when a family member or friend takes the car without explicit permission. In these cases, proving lack of authorization—such as showing a stolen vehicle report or witness testimony—can help get the charges dismissed. Courts will also look at whether the owner made an effort to prevent unauthorized use, such as keeping the keys in a secure location.
Emergency Justified Allowing the Driver to Operate the Vehicle
In some cases, a legal defense exists when the vehicle was driven due to an emergency. If a person allowed someone with a suspended or revoked license to drive because of a medical emergency, the need for immediate transportation may outweigh the legal violation. However, courts require strong proof of an actual emergency, such as hospital records or testimony from emergency responders. A defense based on convenience rather than necessity is unlikely to succeed.
The Vehicle Owner Did Not Control Who Drove the Car
A person cannot be guilty of wrongful entrustment if they were not in a position to control access to the vehicle. This applies in cases where a car is owned by a business and multiple employees have access to it, or when the vehicle is shared among family members and someone else permitted the driver to use it. If the prosecution cannot prove that the defendant personally allowed the unlicensed driver to use the car, the charges may not hold up in court.
The Prosecution Cannot Prove Who Allowed the Driver to Use the Vehicle
Wrongful entrustment cases often rely on circumstantial evidence rather than direct proof that the defendant gave permission. If multiple people had access to the car, it may be difficult for prosecutors to prove who actually allowed the driver to take it. If the case lacks evidence linking the defendant to the decision, the charges may be dismissed. Defense attorneys can challenge weak or unclear evidence to prevent a wrongful conviction.
Frequently Asked Questions
Can someone be charged with wrongful entrustment if they were unaware the driver’s license was suspended?
Yes. Under Ohio Revised Code 4511.203, a person can be convicted if they had “reasonable cause to believe” the driver was unlicensed or suspended, even if they did not have direct knowledge.
Will a person’s car be taken away if they are convicted of wrongful entrustment?
It depends. For a first offense, courts may order vehicle immobilization. For repeat offenses, Ohio Revised Code 4503.234 allows courts to order permanent forfeiture.
What if the driver lied about having a valid license?
This may be a valid defense if the vehicle owner had no reasonable way to suspect the driver was unlicensed.
Is wrongful entrustment a felony in Ohio?
No. It is classified as either an unclassified misdemeanor or a first-degree misdemeanor, depending on prior convictions.
Can someone go to jail for a wrongful entrustment conviction?
A first offense does not carry jail time. However, multiple offenses can lead to up to 180 days in jail under Ohio law.
How can a lawyer help fight a wrongful entrustment charge?
A lawyer can challenge whether the defendant had knowledge of the driver’s status, present evidence of false accusations, and argue for reduced penalties.
Does it matter if the driver was a family member?
Yes. If the driver lived in the same household, courts may assume the vehicle owner was aware of their driving status.
What if the owner was in the car when the driver was pulled over?
Being present in the vehicle can be used as evidence that the owner knowingly allowed the person to drive illegally.
Additional Resources
Ohio Revised Code Section 4511.203 – Wrongful Entrustment of a Motor Vehicle – This official source provides the full legal text of Ohio Revised Code 4511.203, which defines the offense of wrongful entrustment of a motor vehicle. It explains when a person can be charged, the legal standards for knowledge and responsibility, and the penalties for violations.
Ohio Jury Instructions for Wrongful Entrustment – Ohio Judicial Conference – This source provides Ohio Jury Instructions (OJI-CR 711.203) related to wrongful entrustment charges. It outlines what prosecutors must prove, including legal definitions, burden of proof, and jury considerations. The site includes general guidance on jury instructions in criminal cases and how courts interpret wrongful entrustment laws.
Limited Driving Privileges and Suspensions – Ohio Bureau of Motor Vehicles (BMV) – This page from the Ohio Bureau of Motor Vehicles (BMV) explains limited driving privileges for individuals with suspended licenses. It describes when courts may grant restricted driving privileges, the types of suspensions that allow for limited use, and the legal process to obtain court approval.
Hire an Attorney for Wrongful Entrustment of a Motor Vehicle
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call today at (513)-317-5987 for your free case evaluation.