Forfeited Vehicles and Immobilization in New Castle

A lawyer in New Castle can explain that Ohio law includes mandatory minimum sentences for certain OVI convictions. One potential penalty is vehicle immobilization, while another is criminal forfeiture. It is important to understand that your vehicle will not be subject to immobilization or forfeiture after a single, first-time OVI conviction.

Family Hardship Waiver

If a court orders your vehicle to be immobilized or forfeited, a family member who relies on your vehicle for essential daily activities may be eligible for a waiver. If losing access to the car would create a significant hardship, that family member can petition the court. If the court grants the waiver, the individual can continue using the vehicle under specific conditions. A knowledgeable New Castle criminal lawyer from Youngstown Criminal Law Group can guide you through this process.

When a Vehicle Can Be Immobilized or Forfeited

The penalties for OVI convictions become more severe with subsequent offenses. Below is a summary of the required penalties for OVI convictions beyond the first:

Second OVI Within 6 Years:

• Vehicle immobilization for 90 days.
• Class 4 license suspension for a period of 1 to 5 years.
• License plates impounded for 90 days.
• Limited driving privileges may be permitted.

Third OVI Within 6 Years:

• Criminal forfeiture of the vehicle is required.
• Class 3 license suspension lasting from 2 to 10 years.
• Limited driving privileges are allowed. A New Castle DUI lawyer can help determine eligibility.

Fourth or More OVI Within 6 Years (or a Sixth OVI Within 20 Years):

• Required criminal forfeiture of the vehicle.
• Class 2 license suspension for 3 years to life.
• Limited driving privileges may be permitted.

OVI Conviction Following a Felony Conviction:

• Mandatory vehicle forfeiture.
• Class 2 license suspension for a period of 3 years to life.
• Limited driving privileges are allowed.

If your vehicle is ordered to be impounded, you will be charged a $100 fee. It’s important to note that a vehicle can only be forfeited or impounded if it was directly involved in the OVI offense and is registered in your name. Consulting a New Castle criminal lawyer is crucial in these situations.

Understanding Court-Ordered Immobilization

When a court issues an immobilization order for your vehicle, it must include specific details:

• The exact duration of the immobilization period.
• The date the order was issued.
• A clear description of the vehicle, including its year, make, and model.
• The agency or individual 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 person. A New Castle DUI lawyer can clarify who is authorized.
• A formal statement indicating the vehicle cannot be re-registered until the immobilization fee has been paid. This prevents you from applying for new license plates for that vehicle at the registrar or deputy registrar.
• The location where the vehicle will be immobilized. This could be your home, the residence 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 starts on the day your vehicle is towed or a “boot” is applied. If the vehicle was impounded before your court date, that time will be credited toward the total immobilization period. The individual carrying out the immobilization will remove the license plates and send them to the Bureau of Motor Vehicles for destruction. After the immobilization period is over and you have paid the required fee, you can reclaim your vehicle and apply for new plates. The fee for the new plates is the same as the fee for replacing lost, mutilated, or destroyed plates. It is wise to seek advice from a New Castle criminal lawyer during this time.

Driving an Immobilized Vehicle

If you are caught driving an immobilized vehicle, you will face severe consequences, including the permanent loss of the vehicle. It will be immediately seized, declared criminally forfeit, and 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 will you or a family member be permitted to repurchase it.

Failure to Reclaim an Immobilized Vehicle

If you do not claim your vehicle within seven days after the immobilization period ends, a letter will be sent to your last known address. This notice will inform you that you have 20 days to retrieve the vehicle and pay the fee. If you fail to do so, the vehicle will be forfeited. Engaging a New Castle DUI lawyer can prevent this outcome.

Can I Sell My Immobilized Car?

Simply put, you cannot sell an immobilized vehicle without obtaining prior approval from the court. You must prove 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, transferring the vehicle’s title between your arrest and the immobilization date is prohibited without court approval. If you do this illicitly, the judge will order the registrar to deny any vehicle registration applications in your name for a period of two years. A New Castle criminal lawyer can provide essential guidance on legal transfers.

Disposing of a Vehicle After Immobilization

If you fail to retrieve your car after the immobilization period and it is subsequently disposed of, the new owner is 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 it is scrapped, the title will be marked “FOR DESTRUCTION” and given to the salvage yard. The license plates will also be removed and sent to the registrar as ordered by the court. You will remain responsible for the immobilization fee.

The Immobilization Waiver Explained

As mentioned earlier, a family or household member can petition the court to prevent your vehicle from being immobilized. For the waiver to be granted, two specific conditions must be met:

1. The household or family member must file a motion with the court before the immobilization order is issued. The motion must state that the person is entirely dependent on the vehicle for life’s necessities (such as grocery shopping, taking children to school, attending medical appointments, or commuting to work) and that immobilization would cause them undue hardship.
2. The court must agree that immobilizing the car would indeed cause undue hardship because the family member is dependent on it for these essential needs.

If granted, the waiver will specify its duration, which will match the original immobilization period. A $50 fee is required for the waiver. Copies will be filed with the court and provided to both you and the person who received the waiver. The document will list the petitioner, the vehicle, and the family members permitted to drive it. It will also explicitly state that you are not allowed to operate the vehicle. A New Castle DUI lawyer can assist with filing this motion.

The vehicle must be fitted with restricted plates for the entire waiver period. The person who obtains the waiver must not allow you to drive the vehicle. If they do, the waiver will be terminated, and the vehicle will be immobilized for the remainder of the original period. The household member will be found guilty of an unclassified misdemeanor, and you will face a first-degree misdemeanor charge.

If you are facing the potential loss or immobilization of your vehicle, it is critical to act quickly. Call (330) 992-3036 or contact us online to schedule a free consultation with a New Castle criminal lawyer.