Forfeited Vehicles and Immobilization in Pittsburgh

A lawyer from Logue Law Group can clarify that Pennsylvania law mandates certain minimum sentences for some DUI convictions. Among the possible penalties are the immobilization of your vehicle or its criminal forfeiture. It is important to note that your vehicle will only be subject to immobilization or forfeiture after your initial conviction for a DUI.

Should the court mandate that your vehicle be immobilized or forfeited, a family member who depends on your car for essential daily activities can request a waiver. This is applicable if losing access to the vehicle would create a significant hardship. If the court approves the waiver, that family member can continue using the vehicle under specific conditions.

Situations Leading to Vehicle Immobilization or Forfeiture

The following outlines the penalties and circumstances for DUI convictions that occur after the first offense:

• Second DUI 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 DUI within 6 years:
  • Mandatory criminal forfeiture of the vehicle.
  • Class 3 license suspension for 2 to 10 years.
  • Limited driving privileges are allowed.
• Fourth or more DUI within 6 years OR a sixth DUI within 20 years:
  • Limited driving privileges may be permitted.
  • Required criminal forfeiture of the vehicle.
  • Class 2 license suspension for a duration of 3 years to life.
• DUI conviction after a felony conviction:
  • Mandatory forfeiture of the vehicle.
  • Class 2 license suspension for 3 years to life.
  • Limited driving privileges are allowed.

If your vehicle is ordered to be impounded, a $100 fee will be assessed. A vehicle can only be forfeited or impounded if it was directly involved in the DUI offense and is registered in your name. A Pittsburgh criminal lawyer can provide more detailed guidance on these regulations.

Court Orders and Immobilization

The court will issue an official order for your vehicle’s immobilization. This order must include specific details:

• The exact duration for which the vehicle will be immobilized.
• The date the order is officially issued.
• A detailed description of the vehicle, including its year, make, and model.
• The entity responsible for carrying out the immobilization—this could be the arresting law enforcement agency, the agency in your residential area, a court bailiff, or another party designated by the court.
• A clear statement indicating that the vehicle cannot be re-registered until the immobilization fee has been paid. This prevents you from applying for new license plates under your name at any registrar or deputy registrar office.
• 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 legally parked spot on a public street or highway, or a private property with written permission from the owner.

The Immobilization Period

The immobilization period starts on the day your vehicle is either towed or a boot is applied. Any time your vehicle was impounded before your court date will be credited toward this period. The individual or agency performing the immobilization will remove the license plates from the vehicle and send them to the Bureau of Motor Vehicles for destruction. Once the immobilization period concludes and you have paid the required fee, you will be authorized to reclaim your vehicle and obtain new license plates. The fee for the new plates will be the same as the fee for replacing lost, mutilated, or destroyed plates.

If your vehicle is immobilized and you are caught driving it, you will lose the vehicle permanently. 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 it be sold back to you or a family member. Should you fail to claim the vehicle within seven days after the immobilization period ends, a letter will be sent to your last known address. This letter will state that you have twenty days to retrieve the vehicle and pay the fee, or it will be forfeited. A Pittsburgh DUI lawyer can assist you if you find yourself in this situation.

Can I Sell My Immobilized Car?

Simply put, you cannot sell your car without prior court approval. You must demonstrate to the judge that the sale is not an attempt to circumvent the immobilization order. If the judge is convinced, he will notify both you and the registrar that he has consented to the sale. Likewise, you are prohibited from transferring or assigning the vehicle’s title between your arrest and the immobilization without court permission. If you violate this, the judge will order all registrars and deputy registrars to deny any vehicle registration applications in your name for a period of two years.

Disposal of the Vehicle After Immobilization

If you do not retrieve your vehicle after the immobilization period, it will be disposed of. Regardless of who acquires the vehicle, they are legally forbidden from selling or transferring it back to you. The new owner can legally sell it, scrap it, or handle it in any other lawful manner. If the vehicle is scrapped, the title must be marked “FOR DESTRUCTION” and given to the salvage or scrap yard. Additionally, the court will order the removal of the license plates, which will then be sent to the registrar. You will remain responsible for paying the immobilization fee.

Obtaining an Immobilization Waiver

As mentioned earlier, a family member or someone residing in your household can request that your vehicle not be immobilized. However, two specific conditions must be met for this waiver to be granted by the court in Allegheny County:

1. The household or family member must file a motion with the court before the immobilization order is finalized. The motion needs to explain that the person filing is entirely dependent on the vehicle for life’s necessities (such as grocery shopping, taking children to school, medical appointments, or commuting to work) and that immobilizing the vehicle would impose an undue hardship.
2. The court must find that immobilizing the car would indeed cause an undue hardship for the family member because of their dependency on it for essential life tasks.

The waiver will specify its duration, which will be the same as the original immobilization period would have been. A $50 fee is required for the waiver. A copy is filed with the court, and copies are given to you and the person who was granted the waiver. The waiver will identify the person who requested it, the vehicle, and the family members permitted to drive it, while explicitly stating that you are not allowed to operate it. The vehicle must be fitted with restricted plates for the entire waiver period. The person granted the waiver cannot allow you to drive the vehicle. Doing so will result in the waiver’s termination and the vehicle’s immobilization for the remainder of the original period. The household member would be guilty of an unclassified misdemeanor, and you would face a 1st-degree misdemeanor charge.

If you are facing the potential loss or immobilization of your vehicle, Contact us today or call us at 412-387-6901.