Unauthorized vehicle use is a Virginia crime that does not involve intent to steal, says Fairfax criminal lawyer

Unauthorized vehicle use (UVU) is a Virginia crime that does not require an intent to steal. As a Fairfax criminal lawyer, I know that the person barring use of the vehicle need not be the registered owner versus authorized by the owner. Specifically: “Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without the consent of the owner thereof and in the absence of the owner, and with intent temporarily to deprive the owner thereof of his possession thereof, without intent to steal the same, shall be guilty of a Class 6 felony, provided, however, that if the value of such animal, aircraft, vehicle, boat or vessel shall be less than $1,000, such person shall be guilty of a Class 1 misdemeanor. The consent of the owner of an animal, aircraft, vehicle, boat or vessel to its taking, driving or using shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking, driving or using of such animal, aircraft, vehicle, boat or vessel by the same or a different person.” Virginia Code § 18.2-102. 

Unauthorized vehicle use does not require that the party barring using the vehicle be the registered owner

In an essential unauthorized vehicle use case, the Virginia Supreme Court confirms that the person barring using the vehicle need not be the registered owner versus having the authority of the registered owner. In Kevin Thomas King v. Commonwealth of Virginia, ___ Va. ___ (Oct. 24, 2024), King asked Isacc Robinson, Jr., for permission to drive his car. Robinson said no. King drove Robinson’s car anyway, and caused a collision with the vehicle. At issue on appeal was whether Robinson’s absence from the car registration barred Robinson’s refusal for King’s use of the vehicle from being used against King, where Robinson was not on the car registration.

For UVU law, question of ownership focuses on ownership, possession and custody

Favorably quoting Black’s Law Dictionary — originating from near-ancient times, in the eighteenth century — the King unauthorized vehicle case says: “In the context of personal property, title means ‘[t]he union of all elements (as ownership, possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself[.]’ Black’s Law Dictionary 1793 (12th ed. 2024).” Here, vehicle user Robinson fit that definition, says King.

How do I avoid a Virginia UVU prosecution and conviction?

King hammers home the truism of the importance of not even “borrowing” property of others without their clear consent. King learned that that hard way. Let his mistake be a lesson to all who contemplate joyriding or engaging in any other unauthorized use behavior. As a Fairfax criminal lawyer, I know that it is better to proactively avoid a prosecution than to defend you at trial, and also know that when you are charged with a crime — no matter how culpable or non-culpable you are, you need to overcover risk in terms of fully preparing your defense in coordination with a qualified Virginia criminal lawyer.

Fairfax criminal lawyer Jonathan Katz delivers you a full court press against Virginia DUI, felony and misdemeanor prosecutions. Secure your free initial in-person confidential consultation with Jon Katz about your court-pending prosecution, by calling us at 703-383-1100, emailing info@BeatTheProsecution.com , and by text at 571-406-7268.