Vehicle Immobilization and Forfeiture in Mercer

A DUI conviction in Pennsylvania carries mandatory minimum sentences as required by state law. Among the potential penalties are the immobilization of your vehicle or its criminal forfeiture. A criminal lawyer can help you understand these complex consequences.

It’s important to note that your vehicle will not be subject to immobilization or forfeiture after a first-time DUI conviction.

If a court orders your vehicle to be immobilized or forfeited, there may be options for family members who rely on the car for daily life tasks. If not having the vehicle would cause a significant hardship, a family member can petition the court for a waiver. If approved, this waiver permits them to continue using the vehicle under specific conditions.

Situations Leading to Vehicle Immobilization or Forfeiture

For DUI convictions beyond the first offense, Pennsylvania law outlines specific, required penalties. The following list details these situations and their corresponding consequences:

• Second DUI within 6 years:
  • 90-day vehicle immobilization
  • Class 4 license suspension for 1 to 5 years
  • 90-day impoundment of license plates
  • Limited driving privileges may be granted
• Third DUI within 6 years:
  • Mandatory criminal forfeiture of the vehicle
  • Class 3 license suspension for 2 to 10 years
  • Limited driving privileges are permissible
• Fourth or more DUI within 6 years OR a sixth DUI within 20 years:
  • Required criminal forfeiture of the vehicle
  • Class 2 license suspension for 3 years to life
  • Limited driving privileges are allowed
• DUI conviction after a prior felony DUI conviction:
  • Mandatory forfeiture of the vehicle
  • Class 2 license suspension for 3 years to life
  • Limited driving privileges are permitted

If your vehicle is impounded, you will face a $100 fee. For a vehicle to be forfeited or impounded, it must have been involved in the DUI offense and be registered in your name. If you are in this situation, consulting with a Mercer DUI lawyer is a critical step.

Understanding Court-Ordered Immobilization

When a court issues an immobilization order for your vehicle, it will include several key pieces of information:

• The duration of the immobilization period.
• The date the order was officially issued.
• A detailed description of the vehicle, including its year, make, and model.
• The party responsible for immobilizing the vehicle, which could be the arresting law enforcement agency, the agency in your residential area, a court bailiff, or another court-appointed individual.
• A clear statement that the vehicle cannot be re-registered until the immobilization fee has been paid. This prevents you from obtaining new license plates for the vehicle from the registrar or deputy registrar under your name. A knowledgeable Mercer criminal lawyer can clarify these restrictions.
• The designated location for immobilization. This might be your residence, the home of a parent, child, or spouse, a police impound lot, a legal parking spot on a public street, or private property with written consent from the owner.

The Start of the Immobilization Period

The immobilization period officially begins on the day your vehicle is towed or has a “boot” applied. Any time your car was impounded before your court date will be credited toward this period.

The individual carrying out the immobilization will remove the vehicle’s license plates and send them to the Bureau of Motor Vehicles for destruction. After the immobilization period concludes and you have paid the required fee, you can reclaim your vehicle and get new plates. The fee for new plates is the same as the fee for replacing lost, mutilated, or destroyed plates. Seeking guidance from a Mercer criminal lawyer can help navigate this process smoothly.

If you are caught driving an immobilized vehicle, it will be seized, declared criminally forfeit, and permanently disposed of. This could mean it is given to the arresting officer’s law enforcement agency or sold at a public auction. Under no circumstances can the vehicle be sold back to you or a family member.

If you fail to claim the vehicle within seven days after the immobilization period ends, you will receive a letter at your last known address. This notice gives you twenty days to retrieve the vehicle and pay the fee, warning that failure to do so will result in its forfeiture.

Can I Sell My Immobilized Car?

The simple answer is no—at least, not without getting prior approval from the court. You must demonstrate to the judge that the sale is not an attempt to circumvent the immobilization order. If the judge is convinced, they will notify both you and the registrar that consent for the sale has been granted.

Likewise, you are prohibited from transferring or assigning the vehicle’s title between your arrest and the immobilization without the court’s prior approval. Violating this rule will lead the judge to order the registrar and deputy registrars to deny any vehicle registration applications in your name for a period of two years. A Mercer DUI lawyer can provide advice on how to handle such complex legal matters.

Disposal of the Vehicle After Immobilization

If you do not retrieve your car after the immobilization period and it is disposed of, the new owner is legally prohibited from selling or transferring it back to you. They are free to sell it, scrap it, or dispose of it in any other legal manner. If the car is scrapped, the title must be marked with “FOR DESTRUCTION” and given to the salvage or scrap yard. Additionally, the court will order the license plates to be removed and sent to the registrar. You will remain responsible for paying the immobilization fee. This is a situation where a Mercer DUI lawyer could offer valuable counsel.

The Immobilization Waiver

A family member or another person living in your household can request that your vehicle not be immobilized. For this waiver to be granted, two specific conditions must be met:

1. The family or household member must file a motion with the court before the immobilization order is written. This motion needs to state that the person filing is completely dependent on the vehicle for life’s necessities (such as grocery shopping, taking children to school, medical appointments, or commuting to work) and that immobilization would create an undue hardship. A Mercer criminal lawyer can assist with drafting and filing this motion.
2. The court must determine that immobilizing the car would indeed cause an undue hardship for the family member because they depend on it for essential life tasks.

The waiver will specify its duration, which will be the same as the original immobilization period. A $50 fee is required for the waiver. Copies will be filed with the court and provided to you and the person granted the waiver. A Mercer DUI lawyer can help ensure all paperwork is correctly handled.

The waiver document will name the person who requested it, identify the vehicle, list the household or family members permitted to drive it, and explicitly state that you are not allowed to operate it. The vehicle must be fitted with restricted plates for the entire waiver period. The person who obtains the waiver cannot permit you to drive the vehicle. Doing so will result in the waiver’s termination and the vehicle being immobilized for the remainder of the original period. Furthermore, the household member would be guilty of an unclassified misdemeanor, and you would face a 1st-degree misdemeanor charge. This is another reason to consult a Mercer criminal lawyer.If you are facing the potential loss or immobilization of your vehicle, call Logue Law Group at 412.389.0805 or contact us online to schedule a free consultation with a Mercer DUI lawyer.