Unlawful Taking Or Driving Of An Emergency Vehicle-California Vehicle Code Section 10851(B)
1. Definition and Elements of Unlawful Taking of an Emergency Vehicle
The unauthorized use or operation of any vehicle will likely expose you to criminal penalties under California law. However, if the vehicle in question is a fire department vehicle, a police vehicle, or an ambulance, penalties may be much more severe. California Vehicle Code Section 10851(b) requires authorities to impose jail time on anyone convicted of unlawfully taking or driving an emergency vehicle.
To successfully convict a defendant accused of taking an emergency vehicle, the prosecutor must prove the following elements of the crime:
a. The defendant (1) drove or took an emergency or modified vehicle, as defined by the statute, or (2) was a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing of an emergency or modified vehicle.
b. The defendant knew, or reasonably should have known, that (1) the emergency vehicle was on an emergency call at the time of the alleged crime or (2) that the vehicle had been modified for the use of a disabled person.
2. Related Offenses
This crime is closely related to the Unauthorized Taking or Driving of a Vehicle under California Vehicle Code Section 10851(A)and Grand Theft Auto under California Penal Code Section 487(d)(1).
3. Examples
Example A: The defendant walks past an ambulance that is parked with its lights on in a residential neighborhood. The defendant observes EMTs personnel inside the home who appear to be providing emergency medical treatment to the home’s occupant. The defendant decides to take the ambulance and drive it around the neighborhood. Because the defendant took the ambulance when he knew or reasonably should have known the ambulance was involved in an emergency call, the defendant would be guilty of a violation of California Vehicle Code Section 10851(B) for unlawfully taking or operating an emergency vehicle.
Example B: The defendant observes a police car parked in the driveway of the home he knows to be owned by a police officer. The defendant takes the car, without permission, to the grocery store. Because the police car was not involved in an emergency call, the defendant would not be guilty of a violation of California Vehicle Code Section 10851(B) for unlawfully taking or operating an emergency vehicle. However, the defendant could still be convicted of alternative crimes such as a violation of California Vehicle Code Section 10851 for unlawfully taking or operating a vehicle.
Example C: Three men observe police cars with their flashing patrol lights on parked outside a bank. The men observe police officers communicating with bank robbers over a megaphone inside the bank and surrounding the bank’s perimeter. The men take one of the police cars on a joyride. The
