Forfeited Vehicles and Immobilization in Cadiz

A Cadiz OVI lawyer can explain the mandatory minimum sentences required under Ohio law for certain OVI (Operating a Vehicle Impaired) convictions. Among these penalties, vehicle immobilization or criminal forfeiture is applicable depending on the severity and frequency of offenses.

Your vehicle’s immobilization or forfeiture typically comes into effect following an OVI conviction. If a family member relies on the vehicle for essential daily tasks and would experience undue hardship without it, they can request a waiver. If granted, the individual may continue using the vehicle under specific conditions.

Circumstances When a Vehicle Will Be Immobilized or Forfeited

Here’s a breakdown of penalties for repeated OVI offenses beyond the first:

Second OVI Conviction within 6 Years

• Vehicle immobilized for 90 days
• Class 4 suspension for one to five years
• License plates impounded for 90 days
• Limited driving privileges allowed

Third OVI Conviction within 6 Years

• Criminal forfeiture of the vehicle is mandatory
• Class 3 suspension for two to ten years
• Limited driving privileges allowed

Fourth or More Convictions within 6 Years OR Sixth Conviction in 20 Years

• Vehicle forfeiture is required
• Class 2 suspension for 3 years to life
• Limited driving privileges permitted

OVI Conviction Following a Felony Conviction

• Mandatory vehicle forfeiture
• Class 2 suspension for 3 years to life
• Limited driving privileges allowed

If your vehicle is impounded in Harrison County, you will be required to pay a $100 fee. Note that this only applies to vehicles registered in your name that were directly involved in the OVI offense.

Court Orders for Vehicle Immobilization

When a Cadiz traffic ticket lawyer handles cases of vehicle immobilization, the court must provide an order with the following details:

• Duration of immobilization
• Date of the order issuance
• Vehicle description (year, make, and model)
• Responsible entity for immobilization—this could include the arresting law enforcement agency, the agency linked to your residence, a court bailiff, or another court-appointed individual
• A statement prohibiting vehicle registration, which means no application for new license plates is permitted until fees are paid
• Location of immobilization, which may include your residence, a family member’s property, a police impound lot, public roadways where parking is legal, or any approved private property

What Happens During the Immobilization Period

The immobilization period begins when the vehicle is either towed or equipped with a boot. If impoundment occurred before your court date, that duration will count toward the mandatory immobilization period.

The entity performing the immobilization will remove your license plates, returning them to the Bureau of Motor Vehicles (BMV) for destruction. Once the immobilization period ends, and after paying the necessary fees, you may retrieve your vehicle and order new plates. Additional plate replacement fees apply, similar to fees for lost or damaged plates.

If you drive your immobilized vehicle during the restriction period and are caught, the vehicle will be declared criminally forfeited and will be permanently removed from your ownership. It may be allocated to the arresting officer’s law enforcement agency or sold at auction—resale to you or your family members is strictly prohibited.

If your immobilized vehicle is not claimed within seven days of the end of the immobilization period, you will receive a notice at your last recorded address. At that point, you’ll have 20 days to recover it by paying all applicable fees. Otherwise, the vehicle will automatically be forfeited.

Can I Sell My Immobilized Vehicle?

The short answer is no—unless you have prior court approval. You must demonstrate to the judge that the sale is not an attempt to illegally circumvent immobilization penalties. If the court grants approval, the registrar will be notified, and the sale can proceed.

Additionally, you cannot transfer or reassign the vehicle’s title between the time of arrest and the start of immobilization without explicit court consent. Unauthorized transfers will lead to a two-year restriction on registering any vehicle under your name.

Vehicle Disposal After the Immobilization Period

If you fail to claim your immobilized vehicle after the restriction period, the vehicle may be disposed of. It might be legally scrapped or sold, but under no circumstances will the vehicle be allowed to return to your possession. If demolished, “FOR DESTRUCTION” will be marked on the title, and it will be sent to an authorized scrap yard. However, you will still owe the full immobilization fees associated with the process.

Immobilization Waiver

Family members or individuals residing in your home may request a waiver from vehicle immobilization. The waiver may be granted under the following conditions:

1. They file a formal motion in court before the immobilization order is issued. This motion must specify their absolute dependence on the vehicle for everyday necessities such as work, school, medical visits, or grocery shopping, which would result in undue hardship if the vehicle were immobilized.
2. The court determined that immobilization would impose significant hardship on the concerned family member or household resident, who depends on the vehicle for daily life.

Waiver Details

• A fee of $50 will be charged for filing the waiver.
• The waiver will specify the names of household or family members authorized to drive the vehicle. Your name will be explicitly excluded from this list.
• Restricted plates must remain on the vehicle for the entire waiver period.

If someone granted the waiver allows you to drive the vehicle, both of you may face legal consequences. The waiver will be revoked, and the vehicle will be immobilized for the remainder of the mandated period. The violator in the household will face an unclassified misdemeanor charge, while you may face a first-degree misdemeanor charge.

Contact with us

If you’re navigating vehicle forfeiture or immobilization issues, consulting with a Cadiz OVI lawyer is essential for understanding your options. Call (330) 992-3036 or contact the Cadiz Criminal Law Group online to schedule a free consultation today!