Can a Judge Waive a Mandatory Period of Vehicle Immobilization?

If you’ve been arrested and charged with DUI in Columbus, you may be facing a mandatory period of vehicle immobilization.  Mandatory vehicle immobilization depends on a number of factors, such as whether you have a prior DUI conviction, whether the vehicle was registered in your name, etc.

Vehicle immobilization can create many difficulties, especially if it’s a family’s only vehicle.  In some limited circumstances, it may be possible to avoid a mandatory period of vehicle immobilization.

Section 4503.235 of the Ohio Revised Code authorizes courts to waive mandatory vehicle immobilization requirements, even for a DUI.  There are two conditions that must first be met:
(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 on the ground that 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 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.

If you’re a family or household member of a person charged with DUI in Columbus, contact our expert team of  DUI and DWI lawyers to find out more about your rights and learn whether it is possible to avoid a mandatory period of vehicle immobilization.

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