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Nassau County Unauthorized Use of a Vehicle Lawyer

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S 165.05 Unauthorized use of a vehicle in the third degree.

  A person is guilty of unauthorized use of a vehicle in the third
degree when:
  1. Knowing that he does not have the consent of the owner, he takes,
operates, exercises control over, rides in or otherwise uses a vehicle.
A person who engages in any such conduct without the consent of the
owner is presumed to know that he does not have such consent; or
  2. Having custody of a vehicle pursuant to an agreement between
himself or another and the owner thereof whereby he or another is to
perform for compensation a specific service for the owner involving the
maintenance, repair or use of such vehicle, he intentionally uses or
operates the same, without the consent of the owner, for his own
purposes in a manner constituting a gross deviation from the agreed
purpose; or
  3. Having custody of a vehicle pursuant to an agreement with the owner
thereof whereby such vehicle is to be returned to the owner at a
specified time, he intentionally retains or withholds possession
thereof, without the consent of the owner, for so lengthy a period
beyond the specified time as to render such retention or possession a
gross deviation from the agreement.
  For purposes of this section "a gross deviation from the agreement"
shall consist of, but not be limited to, circumstances wherein a person
who having had custody of a vehicle for a period of fifteen days or less
pursuant to a written agreement retains possession of such vehicle for
at least seven days beyond the period specified in the agreement and
continues such possession for a period of more than two days after
service or refusal of attempted service of a notice in person or by
certified mail at an address indicated in the agreement stating (i) the
date and time at which the vehicle was to have been returned under the
agreement; (ii) that the owner does not consent to the continued
withholding or retaining of such vehicle and demands its return; and
that continued withholding or retaining of the vehicle may constitute a
class A misdemeanor punishable by a fine of up to one thousand dollars
or by a sentence to a term of imprisonment for a period of up to one
year or by both such fine and imprisonment.
  Unauthorized use of a vehicle in the third degree is a class A misdemeanor.

S 165.06 Unauthorized use of a vehicle in the second degree.

  A person is guilty of unauthorized use of a vehicle in the second
degree when:
  He commits the crime of unauthorized use of a vehicle in the third
degree as defined in subdivision one of section 165.05 of this article
and has been previously convicted of the crime of unauthorized use of a
vehicle in the third degree as defined in subdivision one of section
165.05 or second degree within the preceding ten years.
  Unauthorized use of a vehicle in the second degree is a class E felony.

S 165.07 Unlawful use of secret scientific material.

  A person is guilty of unlawful use of secret scientific material when,
with intent to appropriate to himself or another the use of secret
scientific material, and having no right to do so and no reasonable
ground to believe that he has such right, he makes a tangible
reproduction or representation of such secret scientific material by
means of writing, photographing, drawing, mechanically or electronically
reproducing or recording such secret scientific material.
  Unlawful use of secret scientific material is a class E felony.

S 165.08 Unauthorized use of a vehicle in the first degree.

  A person is guilty of unauthorized use of a vehicle in the first
degree when knowing that he does not have the consent of the owner, he
takes, operates, exercises control over, rides in or otherwise uses a
vehicle with the intent to use the same in the course of or the
commission of a class A, class B, class C or class D felony or in the
immediate flight therefrom. A person who engages in any such conduct
without the consent of the owner is presumed to know he does not have
such consent.
  Unauthorized use of a vehicle in the first degree is a class D felony.


Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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