Forfeited Vehicles and Immobilization in Warren

In Ohio, certain OVI convictions carry mandatory minimum sentences. One penalty the court can impose is having your vehicle immobilized. Another is criminal forfeiture of the vehicle. Both of these outcomes can seriously disrupt your daily life, which is why understanding how they work matters so much.

Keep in mind that your vehicle will only be immobilized or forfeited after your first OVI conviction. When the court orders immobilization or forfeiture, a family member who relies on the car for everyday tasks may face real difficulty. In situations like this, that family member can request a waiver. If a Warren OVI attorney helps you secure that waiver, the person may keep using the vehicle, though certain conditions will apply.

Circumstances in Which a Vehicle Will Be Immobilized or Forfeited

Below is a breakdown of the required penalties and situations tied to OVI convictions beyond the first:

2nd OVI within 6 years:

• Vehicle immobilized for 90 days
• Class 4 suspension for 1 to 5 years
• License plates impounded for 90 days
• Limited driving privileges permitted

3rd OVI within 6 years:

• Criminal forfeiture of vehicle required
• Class 3 suspension for 2 to 10 years
• Limited driving privileges allowed

4th or more OVI within 6 years OR a 6th OVI within 20 years:

• Limited driving privileges permitted
• Required criminal forfeiture of vehicle
• Class 2 suspension for 3 years to life

OVI conviction following a felony conviction:

• Forfeiture of vehicle is mandatory
• Class 2 suspension for 3 years to life
• Limited driving privileges are allowed

If the court orders your vehicle impounded, you will face a $100 fee. A vehicle can only be forfeited or impounded when it played a role in your OVI offense and is registered in your name. A knowledgeable Warren criminal lawyer can walk you through how these rules apply to your specific case.

Immobilization Orders and the Court

The court must issue an order for your vehicle to be immobilized, and that order has to include the following details:

• The length of time the vehicle will stay immobilized
• The date the order is issued
• A description of the vehicle, including year, make, and model
• Who will carry out the immobilization. This could be the law enforcement agency that made the arrest, the agency responsible for the area where you live, a court bailiff, or another party named by the court
• A statement confirming the vehicle cannot be registered until the immobilization fee is paid. In other words, you cannot apply in your name at the registrar or deputy registrar for new license plates
• Where the vehicle will be immobilized. This might be your home or the home of your parent, child, or spouse; a police impound lot; a public street or highway where it is legally parked; or property owned by a private person or entity, provided they have given written permission

Immobilization Period Beginnings

The immobilization period starts the day police tow your car or place a boot on it. If the vehicle was impounded before your court date, that time counts toward the immobilization period. Speaking with a Warren OVI attorney early can help you understand exactly how this timeline affects you.

Whoever performs the immobilization will remove the license plates and send them to the Bureau of Motor Vehicles, where they will be destroyed.

Once the immobilization period ends and you pay the fee, you may reclaim your car and obtain new plates. The fee for those plates will match what you would pay if the old ones had been lost, mutilated, or destroyed.

If your vehicle is immobilized and you find a way to drive it anyway, and you get caught, you will lose the vehicle. It will be removed from the road, declared criminally forfeit, and disposed of. The car could be handed over to the law enforcement agency the arresting officer works for, or it could be sold at auction. Under no circumstances will the law permit it to be sold back to you or a family member.

If you complete the immobilization period but do not claim the vehicle within seven days, a letter will go to your last known address. That letter will tell you that you have twenty days to retrieve the vehicle and pay the fee, and that failing to do so will result in forfeiture. A seasoned Warren criminal lawyer can help you respond to these notices before deadlines pass.

My Car Is Immobilized, Can I Sell It?

The short answer is no, not without the court’s prior approval. You will need to prove to the judge that the sale is not an attempt to dodge the immobilization. If you convince the judge, they will notify both you and the registrar that consent for the sale has been granted. A knowledgeable Warren criminal lawyer can help you prepare the necessary evidence and present a persuasive argument to the court when seeking approval to sell an immobilized vehicle.

In the same way, you cannot transfer or assign the vehicle’s title between the time of your arrest and the time the car is immobilized without the court’s prior approval. If you do, the judge will direct the registrar and deputy registrars to deny any application in your name to register a vehicle for two years. A Warren OVI attorney at the Youngstown Criminal Law Group can advise you before you make any move that might backfire.

Post-Immobilization Disposal of Vehicle

If you do not pick up your car once the immobilization period ends and the vehicle is disposed of, whoever takes possession of it cannot sell or transfer it back to you, no matter the circumstances.

They are, however, free to sell it, scrap it, or do anything else legal with it. If they scrap it, they must write “FOR DESTRUCTION” on the title and hand it to the salvage or scrap yard.

The license plates will also be removed and sent to the registrar, as ordered by the court. Even after all of this, you will still owe the immobilization fee. A Warren criminal lawyer can help you sort out lingering obligations like these.

Immobilization Waiver

As noted above, a family member or someone else living in your household can request that your vehicle not be immobilized, but two conditions must be met for the request to succeed.

First, the household or family member must file a motion with the court before the immobilization order is written. The motion has to state that the person filing depends entirely on the vehicle for life’s necessities, such as grocery runs, getting the kids to school, doctor visits, and commuting to work, and that immobilization would create an undue hardship for them.

Second, the court must find that immobilizing the car would indeed impose an undue hardship on the family member because they rely on it for those necessities. Guidance from a Warren OVI attorney can make a real difference when preparing a motion like this.

The waiver must clearly state how long it will remain in effect. That period will match the length the immobilization would have been.

A $50 fee applies to the waiver. One copy is filed with the court, and copies go to both you and the person granted the waiver.

The waiver will name the person who requested it and identify the vehicle involved. It will also list the household or family members allowed to drive the car, while specifically naming you and stating that you are not permitted to drive it.

The vehicle must carry restricted plates for the entire waiver period.

The person who receives the waiver cannot allow you to drive the vehicle. If they do, the waiver will be terminated and the vehicle immobilized for whatever time remains of the original immobilization period. The household member will be guilty of an unclassified misdemeanor, and you will be charged with a first-degree misdemeanor. A Warren criminal lawyer can explain how to stay compliant and avoid these added charges.

If you are facing the loss or immobilization of your vehicle, call (330) 791-8104 or contact us online to schedule a free consultation with the Youngstown Criminal Law Group.