Vehicle Impoundment & Criminal Seizure After an OVI in Ohio

A conviction for Operating a Vehicle while Impaired (OVI) in Ohio results in mandatory minimum penalties determined by law. In specific OVI cases, these consequences include the immobilization or seizure of the vehicle involved, as ordered by the court.

The law dictates that if the vehicle driven during the offense is registered to the convicted individual, it will be immobilized, and its license plates impounded. This is outlined in the Ohio Revised Code (R.C.) §§ 4503.233 and 4511.19 or 4511.193. If you find yourself in this situation, consulting a skilled New Castle DUI lawyer is a crucial step.

Conversely, if the vehicle is registered in the convicted person’s name, the court is required to order a criminal seizure of the vehicle. This action is governed by R.C. §§ 4503.234 and 4511.19 or R.C. §§ 4511.193 and 4511.195(C) and (D).

It’s important to note that penalties like vehicle immobilization, seizure, and license plate impoundment are enforced only after a first OVI conviction, according to R.C. § 4511.19(G)(1)(b), (c), (d), and (e), and R.C. § 4503.233. A New Castle criminal lawyer can help you understand the specifics of your case.

If immobilizing the vehicle creates an excessive burden on a family member who depends on it and was not involved in the offense, they can petition the court for a hardship exemption. This process is detailed in R.C. § 4503.235(A).

Should you have questions about Ohio’s laws regarding vehicle immobilization and criminal seizure after multiple OVI convictions, our team at Youngstown Criminal Law Group is here to help. Contact a knowledgeable New Castle DUI lawyer from our group to discuss your case in detail.

Ohio’s Legal Mandates for OVI Vehicle Impoundment & Criminal Seizures

When a person faces a second or subsequent OVI charge in Ohio, the law mandates specific judicial actions:

• For a Second-Time OVI (within six years):
  • The court will impose a Class 4 license suspension for one to five years.
  • Restricted driving privileges may be available.
  • A mandatory 90-day vehicle immobilization is enforced.
  • License plates are required to be impounded for 90 days. A New Castle criminal lawyer can provide guidance on these penalties.
• For a Third-Time OVI (within six years):
  • A Class 3 license suspension is ordered, lasting from two to ten years.
  • Restricted driving privileges might be granted.
  • The court mandates the compulsory criminal seizure of the vehicle.
• For a Fourth or More OVI Offense (within six years) or Sixth OVI (within 20 years):
  • A Class 2 license suspension is issued, ranging from three years to a permanent revocation.
  • The court may grant limited driving privileges.
  • A mandatory criminal seizure of the vehicle is carried out. This is a severe consequence where a New Castle DUI lawyer is essential.
• For OVI After a Prior Felony Conviction:
  • A Class 2 license suspension is imposed, which can last from three years to a lifetime.
  • Limited driving privileges may be considered.
  • The vehicle seizure is mandatory.

After a conviction, a $100 fee is charged for vehicle immobilization, as stated in R.C. § 4503.233(B). These measures are only applicable if the offender is the vehicle’s registered owner and the vehicle was used in the commission of the offense. For clarity on these complex laws, it is wise to consult with a New Castle criminal lawyer.

Essential Points for an OVI Immobilization Directive

When a court issues an order to immobilize a vehicle for an OVI violation, the order must contain specific information:

Core Details Included in the Court Order:

• Immobilization Duration: The specific length of time the vehicle will be immobilized.
• Vehicle Description: A clear identification of the vehicle, including its make, model, and year.
• Issuance Date: The date the court order was officially issued.
• Authorized Executor: The specific officer, agency, or third party designated to carry out the immobilization. This could be the agency of the arresting officer, court staff, a person deemed suitable by the court, or the local authority where the owner resides. A New Castle DUI lawyer can review this order for accuracy.
• Registrar Restrictions: The vehicle’s owner is prohibited from registering any license plates with the registrar or any deputy registrar until the immobilization fee has been paid.

Immobilization Location Options:

• A government-owned property, like a law enforcement facility.
• A privately owned commercial storage lot.
• A location that is:
  • Leased by or under the control of a government entity.
  • Owned by the offender, their spouse, or an immediate family member.
  • Privately owned, but with prior written consent for immobilization.
  • A publicly accessible street or highway where the vehicle is legally parked. Seeking advice from a New Castle criminal lawyer can help clarify your options.

Timing of Immobilization Enforcement:

The immobilization period begins on the day the vehicle is actually immobilized. If the vehicle was already impounded under R.C. § 4510.41 or § 4511.195, that time will count toward the total immobilization period, as per R.C. § 4503.233(D)(1).

Procedures During and Post Immobilization:

Collection and Destruction of License Plates:

The designated officer or agency must confiscate the vehicle’s license plates and forward them to the bureau of motor vehicles to be destroyed. An experienced New Castle DUI lawyer can ensure this process is handled correctly.

Release and Registration Renewal:

Once the immobilization period is complete and the required fee is paid, the authority will authorize the vehicle’s release. They will also grant permission to obtain new plates and, if necessary, a new registration certificate. The offender is responsible for paying a fee equivalent to replacing lost or damaged plates and registration documents under R.C. § 4503.233(C).

Violation and Consequences:

If a person is caught driving the immobilized vehicle on public roads during the immobilization period, there are serious consequences. The vehicle will be impounded again and then subjected to criminal forfeiture. It will be disposed of according to R.C. § 4503.234, though it will not be classified as contraband under R.C. Chapter 2981. A New Castle criminal lawyer can explain the gravity of such a violation.

Unclaimed Vehicles Post Immobilization and Non-Payment:

If the vehicle is not claimed within seven days after the immobilization period ends, or if the fee is not paid, the responsible entity must notify the offender. This notice will state that the offender has 20 days to pay the fee and retrieve the vehicle. Failure to do so will result in the vehicle being forfeited to the fee-collecting entity under R.C. § 4503.234(D)(3). Understanding these deadlines is vital, and a New Castle DUI lawyer can help you manage them.

For anyone dealing with an OVI immobilization order, comprehending these elements is crucial for complying with the court’s requirements. It is essential to be aware of the procedures and the severe penalties for failing to follow these directives. The best course of action is to stay informed and adhere to all legal requirements to prevent further issues.

Guidelines for Selling an Immobilized Vehicle

Before deciding to sell a vehicle that is under an immobilization order, the owner must understand the following important legal rules and restrictions.

Required Court Approval for Selling Immobilized Vehicles

• An offender cannot sell an immobilized vehicle without first obtaining the court’s approval.
• The court may grant permission for the sale if it is satisfied the sale is legitimate and not just a way to avoid the immobilization order.
• This consent process is outlined in R.C. § 4503.233(D)(4). A New Castle criminal lawyer can assist in filing this request.

Restrictions Post-Arrest and Pre-Immobilization

Any sale or transfer of the vehicle’s title without court consent between the time of arrest and the immobilization order leads to specific penalties:

• For two years following such an unauthorized transfer, neither the registrar nor any deputy registrar can process vehicle registration applications in the offender’s name, as per R.C. § 4503.233(D)(5).

Court-Ordered Title Transfer of the Vehicle

In cases where:

• The offender shows no intention of reclaiming the vehicle, or
• The offender is unable or unwilling to pay for the removal and storage costs,

The court may order a title transfer based on a priority system, under R.C. § 4503.233(E)(3):

• To an Immobilization Fee Entitled Entity:
  • The entity receives the vehicle title and must pay off all existing liens.
• To a Lien Holder:
  • A lien holder who acquires the title is responsible for all removal and storage costs.
• To the Storage Facility Owner:
  • The owner of the storage facility becomes the vehicle’s new owner.

A New Castle DUI lawyer can navigate you through this complex process.

Vehicle Disposal After Immobilization

• The new titleholder is free to keep or legally dispose of the vehicle.
• It is illegal for the new owner to transfer the vehicle back to the original offender.
• If the vehicle is sent to a salvage dealer or scrap processor, the involved parties must adhere to specific procedures detailed in R.C. § 4503.233(E)(1).

License Plate Removal and Final Proceedings

• The court must ensure the vehicle’s license plates are removed and sent to the registrar.
• Once these actions are completed, there are no further proceedings under R.C. § 4503.233(E), though the liability for immobilization fees remains, as per R.C. § 4503.233(E)(2). A New Castle criminal lawyer can provide final clarification.

Understanding the Waiver of Vehicle Immobilization in Ohio

In Ohio, it is possible under certain circumstances to avoid the mandatory vehicle immobilization that comes with specific driving offenses. This waiver can be requested under Ohio Revised Code (R.C.) § 4503.235 if legal criteria are met. Here is a guide to the process.

Criteria for Waiver of Immobilization

A vehicle’s immobilization, typically required under R.C. §§ 4511.19(G) or 4511.193(B), may be waived if two conditions are satisfied:

1. Necessity and Undue Hardship: A motion must be filed with the court by a relative or someone living with the offender (a “family or household member”) before the court issues its order. This motion must claim that the member is completely dependent on the vehicle for essential needs and that immobilization would cause undue hardship.
2. Court Approval: The court must find that the family or household member is truly reliant on the vehicle for necessities and agree that immobilization would create undue hardship.

The term “Family or household member” is defined in R.C. § 2919.25, and additionally requires that the person currently lives with the offender, as specified in R.C. § 4503.235(F). A New Castle DUI lawyer can help prepare this motion.

Specifics of the Waiver Order

When a court grants an immobilization waiver, the order must clearly specify:

• Effective Duration: The order will state how long the waiver is in effect, which will match the period the vehicle would have otherwise been immobilized.
• Waiver Fee: A $50 fee is required for the waiver. The court decides whether the offender or the family member pays this fee, as detailed in R.C. § 4503.235(B).
• Restrictions and Permissions: The order must name the family or household member who filed the motion, identify the vehicle, state who is permitted to drive it, and explicitly forbid the offender from operating it.

Furthermore, vehicles under a waiver must display special restricted plates (as per R.C. § 4503.231) for the entire duration of the original immobilization period, according to R.C. § 4503.235(C).

Breach of Conditions

If a family or household member allows the offender to drive the vehicle under waiver, serious consequences will follow:

• Order Revocation: The court will revoke the waiver and issue a standard immobilization order for the remainder of the original term.
• Legal Violations: The family member’s action is a violation of R.C. § 4511.203. If the offender drives the vehicle, they commit a 1st-degree misdemeanor, violating R.C. § 4503.235(E). A New Castle criminal lawyer is essential in such a scenario.

Vehicle Transfer and Criminal Forfeiture

If a vehicle subject to forfeiture due to offenses under R.C. § 4511.19(G)(1)(c), (d), or (e), and R.C. § 4503.234(B)(2) or (3) is sold or its ownership is transferred, the court can impose a fine on the offender equal to the vehicle’s value. This value is based on National Auto Dealers Association guides, as outlined in R.C. § 4511.195(G)(6).

Understanding this law is vital for anyone facing vehicle immobilization and for their family members. While waivers are available, strict adherence to the terms is mandatory. Non-compliance can lead to further legal trouble, including fines and criminal charges.

The laws and regulations may seem daunting, but following these steps is critical to avoid legal trouble when dealing with an immobilized vehicle. Always seek advice from legal professionals or call us at (330) 992-3036 for guidance from a top New Castle DUI lawyer tailored to your circumstances.