Unauthorized Use of a Motorcycle

Unauthorized use of a motorcycle is a crime in Oklahoma. It is unlawful for a person to use a motor vehicle of which they do not have possession of, nor permission to use.  You may ask if your motorcycle or three-wheeler falls under the jurisdiction of this law.  Well, 47 Okl.St.Ann. § 1-135 legally defines motorcycle:  it is a motorized vehicle with a seat for each rider, no more than three wheels in contact with the ground, and an engine that is at least 150 cm³.  Thus, as long as your motorcycle meets these requirements it is subject to Oklahoma laws regarding vehicles.  Read on to understand what unauthorized use of a motorcycle means and how we can help you.

Oklahoma Statutes: Unauthorized Use of a Motorcycle

Under 47 Okl.St.Ann. § 4-102, there are four main elements that must be present in order to convict someone of unauthorized use.  These are:

1. Driver was not the legal possessor of motorcycle;
2. Driver did not have the owner’s permission to use the motorcycle;
3. The driver intended to use the vehicle without the permission of the owner; AND
4. Driver actually drives, uses, or takes the motorcycle.

These elements are the same for vehicles as well.  Thus, purposely taking a person’s motorcycle without their knowledge or permission and driving it would be a crime.  At times, it can be difficult to prove the intent if the vehicle is often shared among two or more people.

Penalties for Unauthorized Use:

The penalties for this crime fall under 47 Okl.St.Ann. §17-102, which lists it as a felony.  Felonies come with harsh penalties.  This particular crime—unauthorized use of a vehicle—is subject to a prison sentence of 1 to 5 years and/or a fine between $500 and $5,000.  However, if the offender has a driver’s license that has been denied, revoked, or suspended the charges are more severe.  In this case, all the fines double which can reach up to $10,000.  Further, this doesn’t even include the repercussions on your future employment opportunities.

Our Tulsa Lawyers Can Help You:

If you are the recipient of criminal charges regarding unauthorized use of a motorcycle or any motor vehicle, call us at 918.743.2233 or read our Tulsa lawyers blog for more information.  We understand that sometimes circumstances are not as they appear.  Further, we will provide you the best possible defense in your situation.  Our attorneys will hold a free consultation with you.

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