Ohio § 4503.235

§ 4503.235.

(A) If division (G) of section 4511.19 or division (C) of section 4511.193 of the Revised Code requires a court, as part of the sentence of an offender who is convicted of or pleads

guilty to a violation of division (A) of section 4511.19 of the Revised Code or as a sanction for an offender who is convicted of or pleaded guilty to a violation

of a municipal OVI ordinance, to order the immobilization of a vehicle for a specified

period of time, notwithstanding the requirement, the court in its discretion may determine

not to order the immobilization of the vehicle if both of the following 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 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. (B) If a court pursuant to division (A) of this section determines not to order the immobilization

of a vehicle that otherwise would be required pursuant to division (G) of section 4511.19 or division (C) of section 4511.193 of the Revised Code , the court shall issue an order that waives the immobilization that otherwise would

be required pursuant to either of those divisions.  The immobilization waiver order shall be in effect for the period of time for which

the immobilization of the vehicle otherwise would have been required under division (G) of section 4511.19 or division (C) of section 4511.193 of the Revised Code if the immobilization waiver order had not been issued, subject to division (D) of

this section.  The immobilization waiver order shall specify the period of time for which it is

in effect.  The court shall provide a copy of an immobilization waiver order to the offender

and to the family or household member of the offender who filed the motion requesting

that the immobilization order not be issued and shall place a copy of the immobilization

waiver order in the record in the case.  The court shall impose an immobilization waiver fee in the amount of fifty dollars.  The court shall determine whether the fee is to be paid by the offender or by the

family or household member.  The clerk of the court shall deposit all of the fees collected during a month on

or before the twenty-third day of the following month into the county or municipal

indigent drivers alcohol treatment fund under the control of that court, as created

by the county or municipal corporation under division (H) of section 4511.191 of the Revised Code . (C) If a court pursuant to division (B) of this section issues an immobilization waiver

order, the order shall identify the family or household member who requested the order

and the vehicle to which the order applies, shall identify the family or household

members who are permitted to operate the vehicle, and shall identify the offender

and specify that the offender is not permitted to operate the vehicle.  The immobilization waiver order shall require that the family or household member

display on the vehicle to which the order applies restricted license plates that are

issued under section 4503.231 of the Revised Code for the entire period for which the immobilization of the vehicle otherwise would

have been required under division (G) of section 4511.19 or division (C) of section 4511.193 of the Revised Code if the immobilization waiver order had not been issued. (D) A family or household member who is permitted to operate a vehicle under an immobilization

waiver order issued under this section shall not permit the offender to operate the

vehicle.  If a family or household member who is permitted to operate a vehicle under an immobilization

waiver order issued under this section permits the offender to operate the vehicle,

both of the following apply: (1) The court that issued the immobilization waiver order shall terminate that order

and shall issue an immobilization order in accordance with section 4503.233 of the Revised Code that applies to the vehicle, and the immobilization order shall be in effect for

the remaining period of time for which the immobilization of the vehicle otherwise

would have been required under division (G) of section 4511.19 or division (C) of section 4511.193 of the Revised Code if the immobilization waiver order had not been issued. (2) The conduct of the family or household member in permitting the offender to operate

the vehicle is a violation of section 4511.203 of the Revised Code . (E) No offender shall operate a motor vehicle subject to an immobilization waiver order.  Whoever violates this division is guilty of operating a motor vehicle in violation

of an immobilization waiver, a misdemeanor of the first degree. (F) “Family or household member” has the same meaning as in section 2919.25 of the Revised Code , except that the person must be currently residing with the offender.