What is Joyriding?
Joyriding is a temporary taking of a car or motorcycle (Vehicle Code § 10851), bicycle (Penal Code § 499b(a)), or boat (Penal Code § 499b(b)), without the owner’s permission. The taking is generally thought to be for enjoyment only and is often committed by juveniles. When the use of the vehicle, bike or boat is no longer enjoyable, the user returns or intends to return it to the owner.
In this regard, joyriding differs from theft because in theft, the intent is to permanently deprive the owner.
Joyriding is usually filed as a misdemeanor, but it can be filed as a felony. When committed by a juvenile, the court it is brought in is juvenile court. Often, the case is just one of many charges in the case, which may also include DUI, petty theft, resisting arrest and evading a police officer. Sometimes, in worse cases, there is property damage and personal injury involved.
Depending upon the juvenile’s age and prior record, as well as the severity of the case, including the duration of the taking, such cases often are resolved over time with a dismissal. The juvenile, however, may serve time “home or probation” and may have to serve community service before receiving a dismissal.
When the client is not a juvenile, prosecutors file the case according to what code section is violated.
The defenses to joyriding are the owner’s consent, but this is often unavailable because it is usually the owner who calls the police.
When a car or motorcycle is taken, the case is often also filed as a violation of Vehicle Code § 10851, which is a “wobbler.” This means the prosecutor has the option of filing the case as either a felony or a misdemeanor, depending upon the circumstances of the case, the defendant’s age and the defendant’s criminal history.
In this regard, joyriding differs from theft because in theft, the intent is to permanently deprive the owner.
Joyriding is usually filed as a misdemeanor, but it can be filed as a felony. When committed by a juvenile, the court it is brought in is juvenile court. Often, the case is just one of many charges in the case, which may also include DUI, petty theft, resisting arrest and evading a police officer. Sometimes, in worse cases, there is property damage and personal injury involved.
Depending upon the juvenile’s age and prior record, as well as the severity of the case, including the duration of the taking, such cases often are resolved over time with a dismissal. The juvenile, however, may serve time “home or probation” and may have to serve community service before receiving a dismissal.
When the client is not a juvenile, prosecutors file the case according to what code section is violated.
The defenses to joyriding are the owner’s consent, but this is often unavailable because it is usually the owner who calls the police.
When a car or motorcycle is taken, the case is often also filed as a violation of Vehicle Code § 10851, which is a “wobbler.” This means the prosecutor has the option of filing the case as either a felony or a misdemeanor, depending upon the circumstances of the case, the defendant’s age and the defendant’s criminal history.