Vehicle Immobilization and Forfeiture in Lisbon, Ohio

The law in Ohio mandates strict minimum sentences for specific OVI convictions. Among the various penalties that a judge can impose are the immobilization of your car or its criminal forfeiture. It is important to know that your car will only face immobilization or forfeiture after you receive your first OVI conviction. When a judge commands that your vehicle be immobilized or forfeited, it can create a severe hardship. If a household member relies on your car to accomplish essential daily activities, they have the right to request a waiver. If the court grants this waiver, the individual can continue using the automobile, provided they adhere to specific applied conditions.

When Can Your Vehicle Face Immobilization or Forfeiture?

A seasoned Lisbon criminal lawyer at the Youngstown Criminal Law Group can help you understand the mandatory penalties required for multiple OVI convictions. Here is a breakdown of the specific situations and required penalties for OVI offenses beyond the first one:

Second OVI Conviction Within Six Years

Vehicle immobilization lasting 90 days. A Class 4 driver’s license suspension ranging from 1 to 5 years. License plates impounded for exactly 90 days. Limited driving privileges may be permitted. Consult an attorney to discuss these privileges.

Third OVI Offense Within Six Years

Mandatory criminal forfeiture of the vehicle. A Class 3 license suspension lasting between 2 and 10 years. Limited driving privileges are allowed. Your lawyer will review your case to protect your rights.

Fourth or Subsequent OVI Within Six Years (or Sixth in 20 Years)

Limited driving privileges can be permitted. Required criminal forfeiture of the automobile. A Class 2 suspension from 3 years up to life. A Lisbon OVI attorney is vital in these severe situations.

OVI Conviction Following a Felony Conviction

Criminal forfeiture of the car is mandatory. Class 2 suspension ranging from 3 years to life. Limited driving privileges are allowed.

If the court orders your car to be impounded, you will face an assessed fee of $100. Furthermore, an automobile can only be forfeited or impounded if it is officially registered in your name and was directly involved in your OVI offense. A Lisbon criminal lawyer can clarify these stipulations.

The Court and Immobilization Orders

The legal system shall issue a formal order to have your car immobilized. According to any knowledgeable Lisbon OVI attorney, this mandate must include specific information:

• The exact period of time the car will remain immobilized.
• The specific date the immobilization order is officially issued.
• A thorough description of the automobile, including the year, make, and model.
• Identification of who will execute the immobilization. This could be the arresting law enforcement agency, the law enforcement agency overseeing the jurisdiction where you reside in Columbiana County, a designated court bailiff, or another individual appointed by the judge.
• A declaration stating the car cannot be legally registered until the required immobilization fee is fully paid. This indicates you cannot apply at the registrar or deputy registrar to obtain new license plates under your name. Your lawyer will remind you of this restriction.
• The exact location where the car will be immobilized. This place can be your personal residence, the home of your spouse, child, or parent, a public street or highway where it is lawfully parked, a police impound lot, or a property owned by a private person or entity, provided they have granted written permission.

When Does the Immobilization Period Begin?

The immobilization timeframe commences on the day the police officers place a boot on your automobile or tow it away. If the authorities impounded it before your scheduled court date, that accumulated time is credited toward your total immobilization period. As a Lisbon OVI attorney will note, the individual carrying out the immobilization will remove the license plates and forward them to the Bureau of Motor Vehicles, where they will be destroyed.

Once the designated immobilization period concludes and you pay the required fee, you will receive authorization to retrieve your automobile and purchase new plates. You must pay the standard fee for these plates, just as you would if the old ones were mutilated, lost, or destroyed.

If your automobile is immobilized and you are caught driving it anyway, you will permanently lose the vehicle. It will be removed from the street, formally declared criminally forfeit, and disposed of. It may be auctioned off or awarded to the law enforcement agency of the arresting officer. Under no circumstances will the law permit the automobile to be sold back to you or your family members. A Lisbon criminal lawyer can explain the severity of this violation.

If you complete the immobilization timeframe but fail to claim the car within seven days, you will receive a formal notice at your last known address. This letter provides you with twenty days to pay the fee and retrieve the automobile; otherwise, it will be forfeited.

Can I Sell My Immobilized Car?

The brief answer is, “No, not without obtaining prior approval from the court.” You must demonstrate to the presiding judge that you are not simply selling the automobile to bypass the immobilization order. If you successfully convince the judge with the help of an attorney, the court will notify both you and the registrar that consent for the sale has been granted.

Likewise, you are prohibited from assigning or transferring the title of the car between the moment of your arrest and the time the automobile is immobilized without the court’s prior consent. If you violate this rule, the judge will instruct the registrar and deputy registrars to reject any vehicle registration applications in your name for a period of two years. A Lisbon criminal lawyer can help you avoid these mistakes.

Vehicle Disposal Post-Immobilization

If you do not retrieve your automobile after the immobilization period concludes and it is subsequently disposed of, whoever acquires it is legally barred from transferring or selling it back to you. They possess the right to scrap it, sell it, or utilize it in any legal manner. If it is scrapped, they must write “FOR DESTRUCTION” on the official title before handing it over to the scrap or salvage yard. The court will also order the license plates removed and sent to the registrar. Importantly, you remain responsible for the immobilization fee.

Obtaining an Immobilization Waiver

As mentioned earlier, a family member or someone residing in your household can petition the court to prevent the vehicle’s immobilization. However, a Lisbon OVI attorney will tell you that two specific conditions must be met:

• The family or household member must file a motion in court before the immobilization order is drafted. This motion must clearly state that the filing individual is entirely dependent on the automobile for the necessities of life (such as going to work, doctor visits, grocery shopping, or transporting kids to school) and that immobilizing the car would impose an undue hardship.
• The court must formally determine that an undue hardship would indeed be inflicted upon the family member due to their reliance on the automobile for life’s necessities.

The granted waiver will explicitly specify its duration, which will match the length of the intended immobilization period. A $50 fee is required for the waiver. Copies will be filed with the court and provided to both you and the individual granted the waiver.

The official waiver will identify the requesting individual, the involved vehicle, and the household or family members authorized to operate the car. It will explicitly state your name and declare that you are strictly prohibited from driving the automobile. The car must display restricted plates throughout the entire waiver duration.

The individual receiving the waiver cannot permit you to drive the car. If they do, the waiver is immediately terminated, and the automobile will be immobilized for the remaining duration of the original period. The household member will face an unclassified misdemeanor charge, and you will be charged with a first-degree misdemeanor.

If you are facing the potential loss or immobilization of your automobile in Columbiana County, consult a dedicated Lisbon criminal lawyer at the Youngstown Criminal Law Group. Call (330) 791-8104 or contact us online today to schedule your free consultation.