Ohio § 4503.233
Full text of Ohio Ohio Revised Code § 4503.233, with citation guidance and answers to common questions.
§ 4503.233.
(A)(1) If a court is required to order the immobilization of a vehicle for a specified period
of time pursuant to section 4510.11 , 4510.14 , 4510.161 , 4510.41 , 4511.19 , 4511.193 , or 4511.203 of the Revised Code , the court, subject to section 4503.235 of the Revised Code , shall issue the immobilization order in accordance with this division and for the
period of time specified in the particular section, and the immobilization under the
order shall be in accordance with this section. The court, at the time of sentencing the offender for the offense relative to which
the immobilization order is issued or as soon thereafter as is practicable, shall
give a copy of the order to the offender or the offender's counsel. The court promptly shall send a copy of the order to the registrar on a form prescribed
by the registrar and to the person or agency it designates to execute the order. The order shall indicate the date on which it is issued, shall identify the vehicle
that is subject to the order, and shall specify all of the following: (a) The period of the immobilization; (b) The place at which the court determines that the immobilization shall be carried
out, provided that the court shall not determine and shall not specify that the immobilization
is to be carried out at any place other than a commercially operated private storage
lot, a place owned by a law enforcement or other government agency, or a place to
which one of the following applies: (i) The place is leased by or otherwise under the control of a law enforcement or other
government agency. (ii) The place is owned by the offender, the offender's spouse, or a parent or child of
the offender. (iii) The place is owned by a private person or entity, and, prior to the issuance of the
order, the private entity or person that owns the place, or the authorized agent of
that private entity or person, has given express written consent for the immobilization
to be carried out at that place. (iv) The place is a public street or highway on which the vehicle is parked in accordance
with the law. (c) The person or agency designated by the court to execute the order, which shall be
either the law enforcement agency that employs the law enforcement officer who seized
the vehicle, a bailiff of the court, another person the court determines to be appropriate
to execute the order, or the law enforcement agency with jurisdiction over the place
of residence of the vehicle owner; (d) That neither the registrar nor a deputy registrar will be permitted to accept an
application for the license plate registration of any motor vehicle in the name of
the vehicle owner until the immobilization fee is paid. (2) The person or agency the court designates to immobilize the vehicle shall seize or
retain that vehicle's license plates and forward them to the bureau of motor vehicles. (3) In all cases, the offender shall be assessed an immobilization fee of one hundred
dollars, and the immobilization fee shall be paid to the registrar before the vehicle
may be released to the offender. Neither the registrar nor a deputy registrar shall accept an application for the
registration of any motor vehicle in the name of the offender until the immobilization
fee is paid. (4) If the vehicle subject to the order is immobilized pursuant to the order and is found
being operated upon any street or highway in this state during the immobilization
period, it shall be seized, removed from the street or highway, and criminally forfeited
and disposed of pursuant to section 4503.234 of the Revised Code . (5) The registrar shall deposit the immobilization fee into the public safety--highway
purposes fund created by section 4501.06 of the Revised Code to be expended only as provided in division (A)(5) of this section. If the court designated in the order a court bailiff or another appropriate person
other than a law enforcement officer to immobilize the vehicle, the amount of the
fee deposited into the public safety--highway purposes fund shall be paid out to the
county treasury if the court that issued the order is a county court, to the treasury
of the municipal corporation served by the court if the court that issued the order
is a mayor's court, or to the city treasury of the legislative authority of the court,
both as defined in section 1901.03 of the Revised Code , if the court that issued the order is a municipal court. If the court designated a law enforcement agency to immobilize the vehicle and if
the law enforcement agency immobilizes the vehicle, the amount of the fee deposited
into the public safety--highway purposes fund shall be paid out to the law enforcement
agency to reimburse the agency for the costs it incurs in obtaining immobilization
equipment and, if required, in sending an officer or other person to search for and
locate the vehicle specified in the immobilization order and to immobilize the vehicle. In addition to the immobilization fee required to be paid under division (A)(3) of
this section, the offender may be charged expenses or charges incurred in the removal
and storage of the immobilized vehicle. (B) If a court issues an immobilization order under division (A)(1) of this section,
the person or agency designated by the court to execute the immobilization order promptly
shall immobilize or continue the immobilization of the vehicle at the place specified
by the court in the order. The registrar shall not authorize the release of the vehicle or authorize the issuance
of new identification license plates for the vehicle at the end of the immobilization
period until the immobilization fee has been paid. (C) Upon receipt of the license plates for a vehicle under this section, the registrar
shall destroy the license plates. At the end of the immobilization period and upon the payment of the immobilization
fee that must be paid under this section, the registrar shall authorize the release
of the vehicle and authorize the issuance, upon the payment of the same fee as is
required for the replacement of lost, mutilated, or destroyed license plates and certificates
of registration, of new license plates and, if necessary, a new certificate of registration
to the offender for the vehicle in question. (D)(1) If a court issues an immobilization order under division (A) of this section, the
immobilization period commences on the day on which the vehicle in question is immobilized. If the vehicle in question had been seized under section 4510.41 or 4511.195 of the Revised Code , the time between the seizure and the beginning of the immobilization period shall
be credited against the immobilization period specified in the immobilization order
issued under division (A) of this section. No vehicle that is immobilized under this section is eligible to have restricted
license plates under section 4503.231 of the Revised Code issued for that vehicle. (2) If a court issues an immobilization order under division (A) of this section, if
the vehicle subject to the order is immobilized under the order, and if the vehicle
is found being operated upon any street or highway of this state during the immobilization
period, it shall be seized, removed from the street or highway, and criminally forfeited,
and disposed of pursuant to section 4503.234 of the Revised Code . No vehicle that is forfeited under this provision shall be considered contraband
for purposes of Chapter 2981. of the Revised Code, but shall be held by the law enforcement
agency that employs the officer who seized it for disposal in accordance with section 4503.234 of the Revised Code . (3) If a court issues an immobilization order under division (A) of this section, and
if the vehicle is not claimed within seven days after the end of the period of immobilization
or if the offender has not paid the immobilization fee, the person or agency that
immobilized the vehicle shall send a written notice to the offender at the offender's
last known address informing the offender of the date on which the period of immobilization
ended, that the offender has twenty days after the date of the notice to pay the immobilization
fee and obtain the release of the vehicle, and that if the offender does not pay the
fee and obtain the release of the vehicle within that twenty-day period, the vehicle
will be forfeited under section 4503.234 of the Revised Code to the entity that is entitled to the immobilization fee. (4) An offender whose motor vehicle is subject to an immobilization order issued under
division (A) of this section shall not sell the motor vehicle without approval of
the court that issued the order. If such an offender wishes to sell the motor vehicle during the immobilization period,
the offender shall apply to the court that issued the immobilization order for permission
to assign the title to the vehicle. If the court is satisfied that the sale will be in good faith and not for the purpose
of circumventing the provisions of division (A)(1) of this section, it may certify
its consent to the offender and to the registrar. Upon receipt of the court's consent, the registrar shall enter the court's notice
in the offender's vehicle license plate registration record. If, during a period of immobilization under an immobilization order issued under division
(A) of this section, the title to the immobilized motor vehicle is transferred by
the foreclosure of a chattel mortgage, a sale upon execution, the cancellation of
a conditional sales contract, or an order of a court, the involved court shall notify
the registrar of the action, and the registrar shall enter the court's notice in the
offender's vehicle license plate registration record. Nothing in this section shall be construed as requiring the registrar or the clerk
of the court of common pleas to note upon the certificate of title records any prohibition
regarding the sale of a motor vehicle. (5) If the title to a motor vehicle that is subject to an immobilization order under
division (A) of this section is assigned or transferred without court approval between
the time of arrest of the offender who committed the offense for which such an order
is to be issued and the time of the actual immobilization of the vehicle, the court
shall order that, for a period of two years from the date of the order, neither the
registrar nor any deputy registrar shall accept an application for the registration
of any motor vehicle in the name of the offender whose vehicle was assigned or transferred
without court approval. The court shall notify the registrar of the order on a form prescribed by the registrar
for that purpose. (6) If the title to a motor vehicle that is subject to an immobilization order under
division (A) of this section is assigned or transferred without court approval in
violation of division (D)(4) of this section, then, in addition to or independent
of any other penalty established by law, the court may fine the offender the value
of the vehicle as determined by publications of the national auto dealers association. The proceeds from any fine so imposed shall be distributed in the same manner as
the proceeds of the sale of a forfeited vehicle are distributed pursuant to division (C)(2) of section 4503.234 of the Revised Code . (E)(1) The court with jurisdiction over the case, after notice to all interested parties
including lienholders, and after an opportunity for them to be heard, if the offender
fails to appear in person, without good cause, or if the court finds that the offender
does not intend to seek release of the vehicle at the end of the period of immobilization
or that the offender is not or will not be able to pay the expenses and charges incurred
in its removal and storage, may order that title to the vehicle be transferred, in
order of priority, first into the name of the entity entitled to the immobilization
fee under division (A)(5) of this section, next into the name of a lienholder, or
lastly, into the name of the owner of the place of storage. A lienholder that receives title under a court order shall do so on the condition
that it pay any expenses or charges incurred in the vehicle's removal and storage. If the entity that receives title to the vehicle is the entity that is entitled
to the immobilization fee under division (A)(5) of this section, it shall receive
title on the condition that it pay any lien on the vehicle. The court shall not order that title be transferred to any person or entity other
than the owner of the place of storage if the person or entity refuses to receive
the title. Any person or entity that receives title may either keep title to the vehicle or
may dispose of the vehicle in any legal manner that it considers appropriate, including
assignment of the certificate of title to the motor vehicle to a salvage dealer or
a scrap metal processing facility. The person or entity shall not transfer the vehicle to the person who is the vehicle's
immediate previous owner. If the person or entity assigns the motor vehicle to a salvage dealer or scrap metal
processing facility, the person or entity shall send the assigned certificate of title
to the motor vehicle to the clerk of the court of common pleas of the county in which
the salvage dealer or scrap metal processing facility is located. The person or entity shall mark the face of the certificate of title with the words
“FOR DESTRUCTION” and shall deliver a photocopy of the certificate of title to the
salvage dealer or scrap metal processing facility for its records. (2) Whenever a court issues an order under division (E)(1) of this section, the court
also shall order removal of the license plates from the vehicle and cause them to
be sent to the registrar if they have not already been sent to the registrar. Thereafter, no further proceedings shall take place under this section, but the
offender remains liable for payment of the immobilization fee described in division
(A)(3) of this section if an immobilization order previously had been issued by the
court. (3) Prior to initiating a proceeding under division (E)(1) of this section, and upon
payment of the fee under division (B) of section 4505.14 of the Revised Code , any interested party may cause a search to be made of the public records of the
bureau of motor vehicles or the clerk of the court of common pleas, to ascertain the
identity of any lienholder of the vehicle. The initiating party shall furnish this information to the clerk of the court with
jurisdiction over the case, and the clerk shall provide notice to the vehicle owner,
the defendant, any lienholder, and any other interested parties listed by the initiating
party, at the last known address supplied by the initiating party, by certified mail
or, at the option of the initiating party, by personal service or ordinary mail. As used in this section, “ interested party ” includes the offender, all lienholders, the owner of the place of storage, the person
or entity that caused the vehicle to be removed, and the person or entity, if any,
entitled to the immobilization fee under division (A)(5) of this section.
Frequently Asked Questions About Ohio § 4503.233
What does Ohio Revised Code § 4503.233 cover?
Section 4503.233 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 4503.233?
A common citation format is "Ohio Revised Code § 4503.233" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 4503.233 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.