Unauthorized use of a motor vehicle

Under Massachusetts law (G.L. c. 90, § 24(2)(a)), a person who drives a car without the owner’s permission may be charged with a misdemeanor carrying the following penalty:

• 2 years in the county jail
• $500 fine
• License loss between 1 and 3 years

This criminal charge is different from motor vehicle theft in the sense that there is no intent to steal (or in legal terms, permanently deprive).  That is why this offense is commonly referred to as “joyriding.” 

Whatever you call it, this is a serious offense that can have profound implications on your future.  Despite the serious consequences that follow, police routinely file this charge without a proper basis in law or facts.

When people are behind the wheel of a car that they do not own, they are rarely breaking the law in dong so.  Nevertheless, they may find themselves wrongfully accused of this crime.  For instance, it is not unusual that domestic partners have a disagreement, where one party gets in a car and drives away.  The other party may call the police, claiming their partner took the car without permission.  While the allegation may arise from hurt feelings rather than facts, police will often act on those accusations to make an arrest without conducting any real investigation.  Yet when cooler heads prevail, the criminal process has already begun, and is difficult to stop.  Another examples of this law misapplied is when a person is driving a rental car, but is not listed as the authorized driver.  Police will invariably assume that the rental contract controls who may drive a car.  While that may well be true as to the rights between the lessee and the rental company, it has no bearing on the application of the statute.  It is simply wrong to charge the driver of a rental car with a crime simply because they are not listed on the rental agreement.  

Whatever the circumstances that give rise to the charge, it is the government’s job to prove that you are guilty.  In order to do so, they must prove that you did not have permission to drive the car, usually with testimony to that effect by the true owner of the vehicle.  Our team has the experience it takes to secure dismissal or acquittal of these charges in the vast majority of cases.

This charge is a misdemeanor, and is subject to the Massachusetts no-fix law, discussed here.  You are also entitled to a clerk’s hearing in most instances.  Click here to see our in-depth discussion about clerk’s hearings in Massachusetts.  If police fail to follow these protective laws, we may be able to get your case dismissed.