DUI Law: Challenging a Forfeiture
FORFEITURE, WHAT IS THE LAW?
If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234, order a forfeiture of your vehicle:
- a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v));
- any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v));
- a third offense of driving under suspension (O.R.C. 4510.11(C)(4));
- a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d));
- a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2));
- a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3));
- operating or permitting the operation of a vehicle in violation of an immobilization order (O.R.C. 4502.236(B)).
By law, the law enforcement agency that arrested the defendant has the right of first refusal of the forfeited vehicle, O.R.C. 4503.234(C)(1). The owner is further punished by O.R.C. 4503.234(D) which prohibits him or her from registering a vehicle for a period of five (5) years from the date of the forfeiture.
CHALLENGING A FORFEITURE
The court in State v. Ziepfel, 107 Ohio App.3d 646, 669 N.E.2d 299 (1st Dist. Hamilton County 1995) requires the court to hold a hearing to determine whether or not the forfeiture would be so disproportionate as to constitute an excessive fine under the Ohio and United States Constitution. The factors that the court must consider include:
- value of the vehicle;
- circumstances of the case;
- harm or potential harm caused;
- how closely related the vehicle was to the offense; and
- any other relevant factors to the case.
If you face the loss of your vehicle, please contact Dayton DUI lawyer Charles M. Rowland II to see if you can challenge the taking. “I’m philosophically opposed to using forfeiture as a remedy in misdemeanor driving cases,” says Rowland who has been practicing DUI law in Dayton, Ohio for over 15 years. Contact Charles Rowland at (937) 318-1384 [318-1DUI] or visit www.DaytonDUI.com. Rowland practices DUI law in Kettering, Miamisburg, Vandalia, Huber Heights, Clayton, New Lebanon, Springfield, Fairborn, Beavercreek, Xenia and throughout the Miami Valley.
- Vehicle Seizure in Ohio (daytondui.com)
- Medical Marijuana = Asset Forfeiture [Dispatches from the Culture Wars] (scienceblogs.com)
- B.C. civil forfeiture laws net millions (cbc.ca)