Forfeited Vehicles and Immobilization in Carrollton

A Carrollton OVI lawyer from the Youngstown Criminal Law Group can guide you through Ohio laws concerning mandatory minimum sentences for certain Operating a Vehicle Impaired (OVI) convictions. Among these penalties, you could face having your vehicle immobilized or even criminally forfeited.

Vehicle immobilization or forfeiture is imposed after your first OVI conviction. If a family member relies on the vehicle for daily necessities and its absence would cause significant hardship, they can request a waiver. If the court grants the waiver, that family member may be allowed to use the vehicle under specific conditions.

Circumstances for Vehicle Immobilization or Forfeiture

Vehicle immobilization or forfeiture beyond a first OVI conviction is determined by the following situations:

2nd OVI in 6 Years:

• Vehicle immobilized for 90 days
• Class 4 license suspension lasting 1 to 5 years
• License plates impounded for 90 days
• Limited driving privileges available

3rd OVI in 6 Years:

• Vehicle criminally forfeited
• Class 3 license suspension for 2 to 10 years
• Limited driving privileges permitted

4th or More OVIs in 6 Years or a 6th OVI in 20 Years:

• Required criminal forfeiture of vehicle
• Class 2 license suspension lasting 3 years to life
• Limited driving privileges permitted

OVI Following a Felony OVI Conviction:

• Mandatory vehicle forfeiture
• Class 2 license suspension for 3 years to life
• Limited driving privileges permitted

If your vehicle is impounded, you’ll face a $100 fee. Only vehicles directly involved in an OVI offense and registered in your name are subject to impoundment or forfeiture.

Court Orders for Vehicle Immobilization

When a vehicle immobilization order is issued, it must include the following details:

• The duration of immobilization
• The date the order was issued
• A description of the vehicle, including its year, make, and model
• Identification of the individual or agency responsible for immobilization, such as the arresting Carroll County law enforcement agency, the one in your local area, a court bailiff, or another authorized entity
• A condition preventing vehicle registration until the fee is paid
• The location where the car will be immobilized, such as your home, a family member’s home, a public impound lot, or a private property with prior written consent

Start of the Immobilization Period

The immobilization period begins when the vehicle is booted or towed. If it is impounded prior to your court appearance, that time will count toward the immobilization period. During this time, the license plates will be removed and sent to the Bureau of Motor Vehicles (BMV) for destruction.

After completing the immobilization period and paying the applicable fee, you can reclaim your vehicle and apply for new license plates. A fee will also apply for the plates, identical to the cost for replacement plates.

If you drive an immobilized vehicle and are caught, the vehicle will be declared criminally forfeit. It will either go to the law enforcement agency involved in your case or be sold at auction. Under no circumstances can the forfeited vehicle be sold back to you or a family member.

If you fail to reclaim your vehicle within seven days post-immobilization, you’ll receive a notice giving you an additional 20 days to retrieve the vehicle and pay the necessary fees. Failure to act within this timeframe will result in forfeiture.

Selling or Transferring Immobilized Vehicles

If your vehicle is immobilized, you cannot sell it without first obtaining court approval. You’ll need to demonstrate to the court that the sale is not an attempt to bypass the immobilization order. If the judge agrees, they will notify the registrar and authorize the sale.

Similarly, transferring or assigning the vehicle’s title is prohibited from the time of your arrest to the immobilization. Without prior court approval, this action will lead the court to instruct the registrar to deny any future vehicle registrations under your name for two years.

Disposing of Immobilized Vehicles

Should you fail to reclaim your car following the immobilization period, the vehicle will be subject to disposal. Regardless of who takes possession of the vehicle, it cannot be sold or transferred back to you. Instead, it may be sold, scrapped, or otherwise legally handled. If scrapped, the title will be marked “FOR DESTRUCTION” and delivered to a scrap yard.

The fees related to immobilization will still be your responsibility, regardless of the vehicle’s status.

Requesting an Immobilization Waiver

Family or household members can request a waiver to prevent the vehicle from being immobilized. Two criteria must be met for approval:

1. The motion for a waiver must be filed with the court before the immobilization order is issued. This motion needs to demonstrate that the family member is entirely dependent on the vehicle for essential life activities, such as grocery shopping, commuting to work, taking children to school, or attending medical appointments.
2. The court must confirm that the waiver is necessary to avoid undue hardship on the dependent family member.

The waiver, once granted, will apply for the same duration as the immobilization period and involves a $50 fee. A copy of the waiver will be filed with the court, provided to you, and furnished to the family member or household member who applied for it.

The waiver specifies the vehicle involved, the people allowed to drive it, and lists your name, restricting you from operating the vehicle. Restricted plates will be issued for the waiver period, and the vehicle user must comply with all set conditions.

If the waiver’s terms are violated, such as allowing you to drive the vehicle, the waiver will be terminated, and the remaining immobilization period will apply. Additionally, the individual who violates the waiver terms may face an unclassified misdemeanor, while you could face a first-degree misdemeanor.

Consult a Carrollton Criminal Lawyer for Guidance

Dealing with the immobilization or forfeiture of your vehicle due to an OVI conviction is a challenging process. A Carrollton criminal lawyer from the Youngstown Criminal Law Group can help you understand your rights and options. Call (330) 992-3036 or contact us online to schedule a free consultation today.