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  1. #1
    tamaths is offline Junior Member tamaths is on a distinguished road
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    Teenager/auto potential problem

    Hi - I have a question I hope someone can help me with. I have a 19-year-old (not my own) living with me who is due to move out soon (my choice that she leave). She has not been complying with anything I ask. She is currently driving a car of mine, title, registration, and insurance in my name. She is added to my insurance as the primary driver of that vehicle. We are in Illinois.

    I am afraid she is about to take this car 100 miles away, which I have forbidden. If she comes back here before planning to leave, I can lock up the car. If however, she successfully gets away with the car, can I report it "taken without permission" or some such report?

    And, if I do report the car as stolen or whatever the right phrase is, what happens? Will the police arrest her? Return the car? Impound the car and charge me to retrieve it? Also, is this a misdemeaner or a felony, and do I have the option to drop the charges?

  2. #2
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    In NC, its called unauthorized Use of a Motor Vehicle. Yes, she could be charged if forbiddent to us and she is not on the registration.

    You would have to swear to a Magistrate to obtain process if she takes the car. She would be arrested and the car held for you to pick-up. In NC I stress. States differ.

    One can only be so Open Minded before all that mind **** spills out, stains and ruins everything.

  3. #3
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    Quote Originally Posted by acreature
    In NC, its called unauthorized Use of a Motor Vehicle. Yes, she could be charged if forbiddent to us and she is not on the registration.

    You would have to swear to a Magistrate to obtain process if she takes the car. She would be arrested and the car held for you to pick-up. In NC I stress. States differ.
    Also, it is a Misd in NC.

    If you charge her just to get the car back, and then drop the charges. I will charge you with frivilous prosecution or Filing a False Police report, or both. We are not collection agencies. We enforce Law.

    One can only be so Open Minded before all that mind **** spills out, stains and ruins everything.

  4. #4
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    It depends on where you live. In Indiana you couldn't report it stolen because the person driving had permission. There is another statute called 'Unauthorized Control' which is basically trespassing in someones car. If she were in the car, she would be arrested. Depending on dept. policy the car would either be towed, or they would contact you and make arrangements for you to pick the vehicle up.

    As to dropping charges, I don't know why you would want to but it would depend on your Prosecutor. Some areas would, others won't give you the chance. Even others would prosecute you if you didn't cooperate with the prosecution.

    If you are considering dropping the charges already, I wouldn't even bother reporting it. Don't use the Police as repo men.
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  5. #5
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    I am right next to you in Missouri. Here, if you give her the keys, and she does not want to bring it back when you want, you are going to have a real problem making a police report for Failure to Return Borrowed property, much less a stolen auto report. In Missouri, if a person reasonably believes they had a right to borrow the vehicle because they have driven before at the owners permission, then no prosecutor here will entertain issuing on it. And its even worse when that person is family. I agree with this because it keeps frivolous cases out of court.

    Best bet is to check with some of the Illinois coppers on here. Chigojock and SpecopsNinja are two, I believe.
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  6. #6
    tamaths is offline Junior Member tamaths is on a distinguished road
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    Thank you all for the information. I certainly didn't want to do anything wrong, which is why I wanted to ask first. I will have to decide how far I am willing to go. I was just afraid that it would end up being a felony and by starting something it would turn out worse than I wanted.

    I'll have to consider my options with this kid - I appreciate the help.

  7. #7
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    We too would use the Unauthorized Use charge. I think you need to "impound" and HIDE the car when she least expects it. That way if you don't get the keys back, she can't take the car. Do not just drop her from the policy as she could continue to drive it and if she had a wreck...

    Assuming you do the "impound" thing, give her a letter stating whose car it is, the make model and license plate number and that you are hereby permanently revoking her privilege to drive the car ever again. Keep a copy for yourself and put on it the date you gave her a copy.
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  8. #8
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    The police are your collection agency. It would be wrong to report the car stolen or list it as an unauthorized use then drop the charges after you get the car back. She IS authorized to drive it. The police are not there to enforce your distance limitations on someone to whom you have loaned your car.

    If she is listed on the insurance as the primary dirver, that is prima facia evidence that she did not steal it nor was she driving it unauthorized.
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  9. #9
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    I meant to write "the police are NOT your collection agency"
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  10. #10
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    If you reported it stolen here, she would be arrested. The prosecutor doesn't usually look kindly on people who then change their mind and say nevermind, the car wasn't really stolen after all.

    It's your vehicle, pull the ignition wire.
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  11. #11
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    Quote Originally Posted by txinvestigator1
    The police are your collection agency. It would be wrong to report the car stolen or list it as an unauthorized use then drop the charges after you get the car back. She IS authorized to drive it. The police are not there to enforce your distance limitations on someone to whom you have loaned your car.

    If she is listed on the insurance as the primary dirver, that is prima facia evidence that she did not steal it nor was she driving it unauthorized.
    Was going to post the exact same thing^^^^
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  12. #12
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    In Florida you have to sign an theft affidavit for prosecution for us to take the report as stolen. So if you change mind after that and say sje had a right to it we will go after you for false report. Also its a felony,,,she will be taken out by a felony stop at gun point.
    In god we trust...all others keep your hands where I can see them.

  13. #13
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    That is unauthorized Use of a Motor Vehicle in Florida, as well. If you drop the charges here, the State Attorney can pick them back up if they feel a crime has actually been committed. So, it doesn't do anyone any good to drop a charge here if it's a crime.

  14. #14
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    It all depends on intent. If she is using it, and you believe that she will give it back to you someday, then it would be unauthorized use. If you are never going to see it again if she takes it, I would go with the full blown grand theft auto.
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