[j809]

Has anyone ever heard of or charged a person with USE W/O AUTHORITY that was operating a rental vehicle but they were not on the rental agreement. Lots of drug dealers are getting these cars rented but they are not on the rental agreements. I was just thinking that it might be possible to charge them with that. Any thoughts ? :?

 

[Gil]

Interesting but what law are they breaking? The subject that rented the car is in violation of a business agreement not any MGL.

I would love to find a way around this but I think it would just get tossed and your department prosecutor would get his ass chewed by the judge.

Unless there was some fine print on the agreement that stated something like "persons operating this vehicle that are not listed on the rental agreement are in violation of MGL "bla bla" and are subject to arrest.

But that's a long shot

 

[bbelichick]

Talk to MassTroopers1...That was his specialty a few years back. Not sure how it worked out, but I have heard of it being done.

 

[j809]

This is the way I see but i can be wrong

and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both,

So 90/24 states that knowing he/she is not authorized. I would ask for the rental agreement when i pull them over. This should be in the vehicle and the second thing i would do is get a written statement from the rental agency that only so and so is authorized to use their vehicle(s). I don't know it just seems feasible to me. Even without the statement, if the contract states that only Mr.X should operate that vehicle then it would be use without authority. MASSTROOPERS where are you?

 

[ntvs]

my agency dealt with this alot. some officers impounded without prejudice. i was taught to call the rental agency and ask if they wanted thier car back...ie towed. after being on hold on my own cell phone, with the minutes adding up, i decided never to call and ask again. i still check top see who is the authorized driver, but now i use it as small talk to get into a vehicle search....disclaimer - not in mass -

 

[Irish Wampanoag]

I agree with the using the "driving without authority charge". You can also charge them driving a vehicle without insurance 90/34J because the rental agency insurance I believe is only insuring the individuals listed on the rental agreement. Unless there is something in the law or agreement that states other wise

 

[Dr.Magoo]

You are not required to get the rental car insurance, so long as your own auto insurance covers it. So that probably won't fly.

 

[mpd61]

If you let your brother use your car, then he loaned it to some shitbird friend of his who then did something stupid, would you say that you gave the shitbird authority to use YOUR vehicle? NFW!

.

He said "SHITBIRD"!!!! Twice!! I love this guy! (masstroopers1, you're my hero!)

:lol: :L: :t: :thumbup:

 

[Irish Wampanoag]

BartPD, not all licensed drivers have auto insurance!!! and MPD61 stop kiss assing

 

[mpd61]

Oh Gee Whiz!!!!!!

 

[Irish Wampanoag]

LOL I am just busting balls!! I am kidding!!!

 

[j809]

Masstroopers1, what kind of luck did you have with these cases. Any problems or things lashing back at you for doing it?
Thanks for your input

 

[Dr.Magoo]

BartPD, not all licensed drivers have auto insurance!!!

That is true, however your original post makes it sound like you are just talking about the rental car insurance requirement (which there isn't). If I am mistaken, I apologize.

And save your !!!! for someone else.

 

[Irish Wampanoag]

BartPD, What I am says is charge the srew balls with everything on a complaint you can articulate to the magistrate. When they go to court let them (defendant) prove that they have MV insurance, (and even if they do I am sure their insurance will not cover them if they are not on the rental aggreement) and the charge will be dropped if needed. I have it kind of good though, because our department is small and we all know the magistrates and any time I file a complaint I include anything I can find justification for. Many Many times the magistrates drops the subsquent charge/s oh well I tried win some lose some, never get mad or feel insulted (Police always win in court, 4hrs OT for me) If it needs to be dropped I dont hear any shit about it because I articulated the charge best I could. our good relationship with the Charlestown Court also comes in handy. Sorry dont mean to be preaching to a fellow experienced police officer.

Just my two cents

 

[shifty]

I get those idiots all the time. Big whoop! Run them and if the vehicle isn't stolen. Let em go. It's a waste of time doing anything about it.

 

[DC813]

MASSTROOPERS 1...
On those use without authority charges that went to court...did you arrest any of them, or were they all criminal citations? Just curious also if they were in Middlesex or Plymouth counties??...if you remember.

 

[DC813]

Thanks Trooper, that makes sense.