Unlawful Use of Means of Transportation

Those charged with the unlawful use of means of transportation face the very real possibility of a felony conviction. While these charges are not as serious as a car theft offense, they still carry severe consequences. At the Law Office of James E. Novak, we have more than two decades of experience representing clients facing all types of theft charges, including unlawful use of means of transportation. We are often able to effectively negotiate with prosecutors to secure a favorable plea agreement that spares you the stress and uncertainty of a trial. However, as an experienced litigator, Attorney Novak will not hesitate to take a case to trial in pursuit of the best possible result for his clients.

Unlawful use of means of transportation is a criminal charge related to the unauthorized use of a motor vehicle. Under Arizona Revised Statutes § 13-1803, someone commits the crime of unlawful use of means of transportation if, without the intent to permanently deprive the owner, a person:

• Knowingly exercises control over another person’s means of transportation; or
• Knowingly rides in a vehicle they know or have reason to know the driver does not have permission to drive.

Unlawful use of means of transportation conviction is either a Class 5 or Class 6 felony, depending on whether you were the driver (Class 5 felony) or the passenger (Class 6 felony).

Class 5 felonies are punishable by a term of imprisonment between nine months and two years, with the presumptive sentence being 18 months. Class 6 felonies are punishable by a term of imprisonment between 6 and 18 months, with the presumptive sentence being 1 year.

Unlawful use of means of transportation and theft of means of transportation are similar charges; however, there are some important differences between these crimes. Primarily the distinction comes from the person’s intent at the time they took possession of the vehicle.

For example, if you saw the owner of a Lamborghini leave their keys in the car while they ran into the store and you decided to take it for a quick joy ride and return it before the owner noticed it was missing, you’d be charged with unlawful use of means of transportation.

On the other hand, if you got into the Lamborghini with no intention of returning the car, you’d be charged with theft of means of transportation or car theft. Understandably, given the difference in the level of intent between the two offenses, theft of means of transportation is a more serious charge. However, often, prosecutors will charge both crimes and let the judge or jury decide which, if any, is appropriate.

If you’ve been arrested for unlawful use of means of transportation, there are several defenses that can result in the government withdrawing the case or a not guilty verdict. The most common defense in these cases is illustrating that you had permission to use the car or that you thought you had permission to use the car. It is common for friends, family and neighbors to have an arrangement in which one can use another’s vehicle. However, if a relationship sours, that may no longer be the case, but someone who borrows a car may not know that they don’t have permission. Under the terms of the statute, you need to know or, based on the circumstances, should know that you did not have permission to use another’s means of transportation.

If you were recently charged with unlawful use of means of transportation or theft of means of transportation, it is imperative that you speak with an attorney as soon as possible to ensure the best possible resolution of your case. At the Law Office of James E. Novak, our experienced Phoenix criminal defense attorney has successfully handled countless cases on behalf of clients. To learn more, and to schedule a free consultation with Attorney Novak today, call 480-413-1499.