Vehicle Code 10851a, often labeled ‘Joyriding’, is defined as driving or taking a vehicle that does not belong to you without the owner’s permission. You may also be charged with joyriding Vehicle Code 10851(a) if you are a passenger in such a vehicle.
For CA joyriding Vehicle Code 10851(a), a vehicle includes a passenger vehicle, motorcycle, motor scooter, bus, school bus, commercial vehicle, truck tractor, trailer and semi-trailer. This list is not exhaustive.
Joyriding Vehicle Code 10851(a) is a “wobbler”, meaning it can be prosecuted as a misdemeanor or a felony. If you are convicted of joyriding Vehicle Code 10851(a) as a misdemeanor, you may face up to one year in jail, a fine of up to $5000, or both. If you are convicted of felony joyriding Vehicle Code 10851(a), you may face up to 3 years in jail, a fine of up to $10000, or both.
In order to convict you of joyriding Vehicle Code 10851(a), the prosecution must prove that you
Taking a vehicle means moving the vehicle at all, no matter how far you took it. It also does not matter how long you had the vehicle. Depriving the owner of possession of the vehicle for any amount of time can be considered joyriding Vehicle Code 10851(a). It is also not a requirement that you intended to steal the vehicle.
One of the things your defense attorney can argue is that the vehicle actually belongs to you, or that you believed that it belonged to you. If you can prove that you own the vehicle, or that you had good reason to believe it did, you cannot be charged with joyriding Vehicle Code 10851(a). One of the reasons you might have believed a car was yours is in the case of divorce. If you shared a car with your spouse, and you were unaware after your separation that the car did not belong to you, then you cannot be charged with joyriding Vehicle Code 10851(a) for driving that vehicle.
Another defense is that the owner of the vehicle gave you permission to borrow his or her car. Even if you lied to get that permission, once you have it, you cannot be charged with joyriding Vehicle Code 10851(a). However, it is important to note that even if the owner has given you permission in the past to use the vehicle that does not qualify as consent to let you borrow it in the future, and cannot be used as a defense. For instance, if your friend let you borrow his car to get to work last month, you do not have permission to take it to work tomorrow unless you ask him again, and he grants you permission.
If you have been charged with VC 10851(a) Joyriding, it is important to contact a skilled criminal defense attorney right away.
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