Accused of Unlawfully Taking a Vehicle You Own

Attorney Answer

Proof that you own the vehicle attacks an element of the charge — but a title in your hand does not automatically end the case, and that is the gap you need to close.

New Mexico's offense is at NMSA 1978, § 30-16D-1. Subsection (A) provides that "[u]nlawful taking of a vehicle or motor vehicle consists of a person taking any vehicle or motor vehicle as defined by the Motor Vehicle Code intentionally and without consent of the owner," a felony under § 30-16D-4.1. Lack of the owner's consent is an element the State must prove. If you are the owner, that element fails.

Two limits in the same statute are why courts sometimes look past a title. Subsection (B) provides that an owner's consent on a previous occasion never implies consent on this occasion. Subsection (C) preserves the right of a duly recorded lienholder to repossess. So the question is not "do I have a title document" but "who was the legal owner of this vehicle on that date" — and co-ownership, a name added or removed, an unrecorded transfer, or a recorded lienholder can all separate the person driving from the legal owner.

What you can do

1. Stop discussing the case with police or the complaining party. Say only that you want a lawyer. 2. Get certified records from MVD showing the registered owner and any recorded lien as of the date in question — not a photocopy of the title, the official record. 3. Check whether anyone else is named on the title, whether a lienholder is recorded, and whether any transfer paperwork was ever filed. 4. Collect the bill of sale, loan documents, insurance policy, and payment records that show you bought and paid for the vehicle. 5. Give all of it to a defense lawyer. If you cannot afford one, apply to the Public Defender at your next court date and bring the documents with you. 6. Ask your lawyer whether this evidence supports a motion to dismiss or a pretrial presentation to the prosecutor — that is usually faster than waiting for trial. 7. If a judgment or conviction has already been entered, ask a lawyer about appeal rights immediately; the windows are short.