Forfeited Vehicles and Immobilization in Youngstown

If you are facing OVI charges in Ohio, it is crucial to understand that the state mandates specific minimum sentences for certain convictions. Beyond potential jail time and fines, the court has the authority to target your vehicle. Depending on your history, the court may order your vehicle to be immobilized for a specific period or, in more severe cases, criminally forfeited entirely.

Generally, vehicle immobilization or forfeiture is not a penalty for a first-time offense. These sanctions typically apply after subsequent convictions. However, the state recognizes that taking a vehicle away affects the whole family. If a family member relies on your car for daily necessities and losing it would cause them undue hardship, they may petition the court for a waiver. If approved, this allows them to keep using the vehicle under strict conditions. At Youngstown Criminal Law Group, Youngstown DUI attorney can help you navigate these complex regulations in Mahoning County.

Circumstances in Which a Vehicle Will Be Immobilized or Forfeited

The penalties regarding your vehicle escalate based on the number of prior convictions you have within a specific “lookback” period. A knowledgeable Youngstown criminal lawyer can review your driving record to determine which of the following penalties you might be facing.

Here is the breakdown of mandatory penalties for repeat OVI convictions:

2nd OVI conviction within 6 years:

• Immobilization: Your vehicle will be immobilized for 90 days.
• License Suspension: You will face a Class 4 suspension ranging from 1 to 5 years.
• Plates: License plates are impounded for 90 days.
• Driving Privileges: The court may grant limited driving privileges.

3rd OVI conviction within 6 years:

• Forfeiture: Criminal forfeiture of the vehicle is mandatory.
• License Suspension: You will face a Class 3 suspension ranging from 2 to 10 years.
• Driving Privileges: Limited driving privileges may be allowed.

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

• Driving Privileges: Limited driving privileges may be permitted.
• Forfeiture: Criminal forfeiture of the vehicle is required.
• License Suspension: You will face a Class 2 suspension ranging from 3 years to life.

OVI conviction following a felony conviction:

• Forfeiture: Criminal forfeiture of the vehicle is mandatory.
• License Suspension: Class 2 suspension from 3 years to life.
• Driving Privileges: Limited driving privileges are allowed.

If the court orders your vehicle impounded, you will also be responsible for a $100 fee. It is important to note that a Youngstown DUI attorney will explain that forfeiture or impoundment only applies if the vehicle was used in the offense and is registered in your name.

Immobilization Orders and the Court

When the court decides to immobilize your vehicle, they must issue a formal order containing specific details. This document outlines the “who, what, and where” of the penalty.

The order must include:

• The exact duration of the immobilization.
• The date the order was issued.
• A description of the vehicle (Year, Make, Model).
• The designated person or agency performing the immobilization (such as the arresting law enforcement agency, a court bailiff, or another court-appointed entity).
• The location of immobilization. This could be your home, a family member’s residence, a police impound lot, a legal street parking spot, or private property (with written permission).

Crucially, the order will state that you are prohibited from registering the vehicle until the immobilization fee is paid. A Youngstown criminal lawyer will warn you that this means you cannot apply for new license plates at the registrar during this time.

Immobilization Period Beginnings

The clock starts ticking on the immobilization period the moment law enforcement tows your vehicle or places a boot on it. If your car was impounded immediately following your arrest and before your court date, that time counts toward your total sentence.

The official handling the immobilization will remove your license plates and send them to the Bureau of Motor Vehicles (BMV) for destruction. Once your penalty period is over and you have paid the required fees, you are authorized to retrieve your car. However, you will need to pay for new plates as if the old ones were lost or destroyed. If you are unsure about how to calculate your time served or handle the BMV requirements, consulting a Youngstown DUI attorney is highly recommended.

Consequences of Operating an Immobilized Vehicle

If you manage to drive your vehicle while it is under an immobilization order and get caught, the consequences are severe. The state will seize the vehicle, declare it criminally forfeit, and dispose of it. The car may be given to the law enforcement agency responsible for your arrest or sold at a public auction.

Under no circumstances does Ohio law allow you or your family members to buy the vehicle back. Furthermore, if you complete the immobilization period but fail to claim your vehicle within seven days, you will receive a notice at your last known address. You then have twenty days to pay the fees and collect the car. If you fail to do so, it will be forfeited. A Youngstown criminal lawyer can help ensure you do not miss these critical deadlines.

My Car Is Immobilized, Can I Sell it?

Many people ask if they can simply sell the car to avoid the hassle. The answer is generally no—not without the court’s prior permission. To get approval, you must convince the judge that the sale is not a tactic to evade the immobilization penalty. If the judge agrees, they will notify the registrar that they consent to the sale.

Attempting to transfer or assign the vehicle’s title between your arrest and the immobilization without court approval carries stiff penalties. If you attempt this, the judge will order the registrar to deny any vehicle registration application in your name for two years. A Youngstown DUI attorney can assist you in filing the proper motions if you have a legitimate need to sell the vehicle.

Post-Immobilization Disposal of Vehicle

If the immobilization period ends and you do not retrieve your car, it will eventually be disposed of. Whoever ends up with the vehicle—whether a scrap yard or a new owner—is prohibited from selling or transferring it back to you.

If the vehicle is scrapped, the title must be marked “FOR DESTRUCTION” and handed over to the salvage yard. Additionally, the license plates will be removed and sent to the registrar. Even if you lose the car this way, you remain liable for the immobilization fee.

Immobilization Waiver

As mentioned earlier, a family member residing in your household can request that the vehicle not be immobilized. However, this is not automatic; a Youngstown criminal lawyer can help your family file the necessary motion before the immobilization order is finalized.

To be granted a waiver, two conditions must be met:

1. Motion Filing: A household member must file a motion stating they are completely dependent on the vehicle for life’s necessities (such as getting to work, school, medical appointments, or grocery shopping) and that immobilization would cause undue hardship.
2. Court Finding: The judge must agree that immobilization would indeed cause undue hardship because the family member relies on the car for these necessities.

If granted, the waiver will remain in effect for the same length of time the immobilization would have lasted. There is a $50 fee for this waiver. The document will list the specific family members allowed to drive the car and explicitly state that you are not permitted to drive it. The vehicle must display restricted plates for the duration of the waiver.

Violating the Waiver Terms

The person granted the waiver bears a significant responsibility. They must not allow you to drive the vehicle. If you are caught driving:

• The waiver is terminated immediately.
• The vehicle will be immobilized for the remainder of the original sentence.
• The family member who allowed you to drive will be guilty of an unclassified misdemeanor.
• You will be charged with a 1st-degree misdemeanor.

If you are worried about losing your transportation or need to apply for a waiver, contact a Youngstown DUI attorney at Youngstown Criminal Law Group today. Call 412.387.6901 or contact us online to schedule a free consultation.