Criminal Law – Unauthorized Use of Motor Vehicle – Order of Restitution – Statutory Formula

A restitution order was improper where the trial court failed to use the statutory formula for restitution.

We reverse and remand the trial court’s award of restitution.

Defendant was arrested for DUI; after towing the vehicle, officers learned it belonged to another individual, Melissa Weiss, and charged defendant with unauthorized use of a motor vehicle. Weiss had given the vehicle to defendant for repairs; when she retrieved the vehicle, she found it had been driven over 5000 miles in the time defendant had it and was missing a hood and fuel tank. At trial, she estimated that spent thousands to repair and re-register the vehicle and to obtain replacement transportation. The trial court ordered over $3700 in restitution.

Defendant appealed the award of restitution, arguing that the trial court failed to use the formula set forth by the legislature to determine awards of restitution for crimes involving property damage.

We agree with defendant that the trial court failed to use the statutory formula. We find that the trial court failed to consider the value of Weiss’ truck. We note that the trial court was not presented with any evidence of the value of the truck on the date when defendant began his unauthorized use and the value of the truck afterward. We rule that, to make Weiss whole, the trial court on remand must subtract the value of the truck after defendant’s unauthorized use from the value of the truck prior to his use. We further hold that the value of defendant’s unauthorized use also includes Weiss’ damages resulting from the truck’s impoundment, such as towing expenses.

Reversed and remanded.

State v. Dreher (Lawyers Weekly No. 012-180-18, 8 pp.) (Zachary, J.) Appealed from Buncombe County Superior Court (Todd Pomeroy, J.) Jason Christopher Yoder for appellant. Daniel P. O’Brien and Joseph L. Hyde for appellee. N.C. App. Unpub.