Unauthorized use of a vehicle, sometimes referred to as “joyriding,” is a criminal offense under Ohio law that involves using another person’s vehicle without permission. Governed by Ohio Revised Code (ORC) § 2913.03, this offense applies when an individual takes, operates, or uses a vehicle without the owner’s consent. The law is designed to protect property rights and public safety while distinguishing this offense from more severe crimes like theft of a motor vehicle.
Cincinnati Lawyer for Unauthorized Use of a Vehicle
Whether you accidentally overstayed your contracted rental, or your son was caught joyriding in a family or friend’s car, you need to contact an attorney to ensure your case doesn’t spiral out of control. While unauthorized use of a vehicle is typically considered a low-level crime, the amount of damage done with, and to the vehicle, matters a great deal to the court.
If you have been charged with receiving unauthorized use of a motor vehicle in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC today. Mark Wieczorek has defended clients since 2008 and 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 (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Unauthorized Use of a Vehicle
- Unauthorized Use of a Vehicle in Ohio
- Key Provisions of ORC § 2913.03
- Penalties for Unauthorized Use of a Vehicle
- Felony Charges
- Juvenile Offenders and Unauthorized Use of a Vehicle
- Defenses to Unauthorized Use of a Vehicle Charges
- Hire an Attorney for Unauthorized Use of a Vehicle Charges in Hamilton County, OH
Unauthorized Use of a Vehicle in Ohio
Under ORC § 2913.03, unauthorized use of a vehicle is defined as using or operating another person’s vehicle without their consent. The statute also includes provisions for circumstances where the individual retains possession of the vehicle beyond an agreed-upon time or uses the vehicle knowing it was obtained through unlawful means.
Key Provisions of ORC § 2913.03
- Basic Offense: It is illegal to knowingly use or operate a vehicle without the owner’s consent.
- Extended Use Without Consent: Retaining possession of a vehicle beyond the agreed-upon time without authorization is also prohibited.
- Use of a Stolen Vehicle: Operating or using a vehicle with knowledge that it was stolen constitutes unauthorized use.
Penalties for Unauthorized Use of a Vehicle
The penalties for unauthorized use of a vehicle in Ohio vary based on the specific circumstances of the offense, including the value of the vehicle, the duration of use, and whether aggravating factors are present.
Basic Offense
- Classification: Typically charged as a first-degree misdemeanor.
- Penalties:
- Up to 180 days in jail.
- Fines up to $1,000.
Felony Charges
Certain aggravating factors can elevate the offense to a felony:
- Use Without Consent for Extended Periods:
- If the vehicle is used for an extended time, the charge may escalate to a fifth-degree felony.
- Penalties:
- 6 to 12 months in prison.
- Fines up to $2,500.
- Knowing Use of a Stolen Vehicle:
- Operating a vehicle knowing it was stolen may result in a fourth-degree felony.
- Penalties:
- 6 to 18 months in prison.
- Fines up to $5,000.
- Aggravating Circumstances:
- If the offense involves other crimes, such as reckless driving or property damage, additional charges may apply.
Juvenile Offenders and Unauthorized Use of a Vehicle
Juveniles often face unauthorized use of a vehicle charges, particularly in situations involving joyriding or borrowing a vehicle without permission. While the statutory definitions are the same, juvenile cases are typically handled in the juvenile justice system, which focuses on rehabilitation rather than punishment.
Juvenile cases typically following the following program.
- Juvenile Court Proceedings:
- Juvenile cases are heard in juvenile court, and penalties are tailored to promote rehabilitation, such as probation, community service, or participation in educational programs.
- Diversion Programs:
- First-time juvenile offenders may qualify for diversion programs, which allow them to avoid a criminal record by completing specific conditions, such as counseling or restitution.
- Repeat Offenses:
- Repeat offenses or additional crimes, such as reckless driving or property damage, can lead to harsher penalties, including detention in a juvenile facility.
- Transfer to Adult Court:
- In rare cases involving serious aggravating factors, a juvenile may be tried as an adult, facing the same penalties as adults.
Defenses to Unauthorized Use of a Vehicle Charges
Several defenses may be available to individuals, including juveniles, accused of unauthorized use of a vehicle. Common defenses include:
- Consent:
- Arguing that the owner gave permission for the vehicle’s use, either explicitly or implicitly.
- Example: Borrowing a family member’s car with their prior approval.
- Lack of Knowledge:
- Demonstrating that the defendant did not know the vehicle was being used without consent or stolen.
- Example: Riding in a friend’s car, unaware it was taken without permission.
- Mistaken Identity:
- Proving that the accused was not the person who operated or used the vehicle.
- Duress:
- Showing that the defendant was coerced or forced to use the vehicle under threat of harm.
Hire an Attorney for Unauthorized Use of a Vehicle Charges in Hamilton County, OH
If you have been charged with receiving unauthorized use of a motor vehicle in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with experienced defense attorney and former prosecutor Mark Wieczorek.
The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.