- May 18, 2018 |
- Category: DUI and Courtroom Process
If an Ohio driver is arrested and charged with DUI in Cincinnati, Ohio, he may be facing a mandatory period of vehicle immobilization. Mandatory vehicle immobilization depends on two primary factors: (1) whether the driver has prior DUI convictions; and (2) whether the vehicle iss registered in the driver’s name. Standard Ohio DUI penalties require a vehicle to be immobilized for a full ninety days when the driver has a prior DUI conviction in the past ten years and the vehicle is registered in his name.
Fortunately, there are some exceptions to the rule. Ohio Revised Code section 4503.235 permits Ohio courts to waive the vehicle immobilization in certain circumstances. In order to qualify for the immobilization waiver order, both of the following conditions must apply:
(1) Prior to the issuance of the order of immobilization, a family or household member of the offender files a motion with the court identifying the vehicle and requesting that the immobilization order not be issued because the family or household member is completely dependent on the vehicle for the necessities of life and that the immobilization of the vehicle would be an undue hardship to the family or household member.
(2) The court determines that the family or household member who files the motion is completely dependent on the vehicle for the necessities of life and that the immobilization of the vehicle would be an undue hardship to the family or household member.
If both conditions apply and the court agrees to waive the immobilization period, the court must issue an immobilization waiver order which would then be in effect for the full ninety-day period of time the court would otherwise have immobilized the vehicle. The court must also identify the family or household members who are permitted to utilize the vehicle during the order and specifically identify the DUI offender and state that he is not permitted to operate the vehicle.
Finally, Ohio law requires the court to issue an order mandating the family or household member obtain restricted license plates for the vehicle for the entire ninety day period. If the court waives immobilization of the vehicle, the offender is still prohibited from using the vehicle during the period that the vehicle would have been subject to immobilization. An offender caught driving a vehicle that is subject to an immobilization order risks forfeiture of the vehicle. In addition, the family or household member who obtained the immobilization waiver order is at risk for criminal prosecution under Ohio Revised Code 4511.203, wrongful entrustment of a motor vehicle.
There are over a million laws in the United States and tens of thousands in the State of Ohio alone. I am a Cincinnati-area DUI lawyer who focuses his entire practice on just one. Because of my vast experience and concentrated practice, I understand the Ohio DUI laws better than most attorneys in the state. I am passionate about Ohio DUI defense and I get results. If you have a Cincinnati DUI case and want a top Cincinnati DUI lawyer working for you, please consider giving me a call.
