Frequently Asked Questions (FAQs)
1. What if I can't come to court?
2. What if I
don't know when I'm supposed to come to court?
3. How long will I be in court?
4. What if I fail to come to court?
5. What type of traffic citations will
result in a law enforcement agency towing a vehicle and
the court ordering immobilization in accordance with the
Ohio Revised Code?
6. What does wrongful entrustment mean and
is there an immobilization?
7. How long will the “club” stay on my
vehicle?
8. What does “vehicle forfeiture” mean?
9. What is an SR22 Bond?
FOR MORE INFORMATION ON OHIO
DRIVING LAWS CONTACT THE BUREAU OF MOTOR VEHICLES, or
visit their web site at www.state.oh.us/odps/division/bmv/bmv.html.
1. What if I can't come to
court?
If you are…
…a DEFENDANT, contact your attorney or public defender
as soon as you know you cannot appear for a scheduled
court date. See Outside
Frequently Used Phone Numbers for the phone number
of the public defender's office.
…a DEFENDANT, without an attorney or public defender,
call the law clerk for the judge who is assigned your
case. You will need to have your case number available
when you call.
…a DEFENDANT, and you fail to appear for a scheduled
court appearance, an arrest warrant may be issued. See Failure
to Come to Court for more information.
…a PARTY in Small Claims case, contact the Small
Claims Office. See Frequently Used Phone Numbers.
…a WITNESS subpoenaed by the prosecuting attorney,
contact the Prosecutor's office. See Outside
Frequently Used Phone Numbers.
…a WITNESS subpoenaed or asked to appear by the
defense attorney, contact the attorney or public
defender handling the case. See Outside
Frequently Used Phone Numbers for the phone number
of the public defender's office.
2. What if I don't know when
I'm supposed to come to court?
You should have received a
ticket, citation, subpoena or other paper telling you
where and when to appear. If you didn’t receive anything
telling you where to appear or if you lost it, check
with your attorney about where and when to appear in
court. If you do not have an attorney, you can call the
Clerk’s office. Case Information is also available on
the Toledo Municipal Clerk of Court’s website at
www.tmc-clerk.com.
Each day appearance lists are posted at the Clerk’s
office, first floor. If you know the day and time you
are scheduled to be in court, but not which courtroom,
consult these lists to determine the correct courtroom.
3. How long will I be in court?
It depends, but in most cases, you will probably be
in the courthouse a substantial portion of the day to
take care of all possible matters.
4. What if I fail to come to court?
If you do not show up for a scheduled court
appearance in a criminal case, a warrant for your arrest
may be issued. If a warrant is issued and you are cited
for another crime or violation of the law, you may be
arrested and held in jail until court or you post bond
(bail). In addition, a warrant block may be issued which
will prevent you from renewing your driver’s license or
your license plates.
5. What type
of traffic citations will result in a law enforcement
agency towing a vehicle and the court ordering
immobilization in accordance with the Ohio Revised Code?
If you do not show up for a
scheduled court appearance in a criminal case, a warrant
for your arrest may be issued. If a warrant is issued
and you are cited for another crime or violation of the
law, you may be arrested and held in jail until court or
you post bond (bail). In addition, a warrant block may
be issued which will prevent you from renewing your
driver’s license or your license plates.
6. What does wrongful
entrustment mean and is there an immobilization?
Wrongful entrustment is the
offense of permitting a suspended or unlicensed driver,
or a driver with no proof of financial responsibility,
or a driver under the influence of drugs or alcohol to
operate a vehicle. If the alleged driver lives in the
same household and is related by blood or marriage, then
the owner of the vehicle will be charged with Wrongful
Entrustment and the vehicle will be immobilized for 30
days on the first conviction; 60 days on the second
conviction; and a forfeiture in the third conviction. If
the alleged driver is not related by blood or marriage
and does not live in the same household, the owner will
be asked to sign an affidavit stating that he will not
allow the offender driver drive his vehicles until the
driver becomes valid.
7. How long will the
“club” stay on my vehicle?
For two Operating a Vehicle under the Influence (OVI)
charges within a six-year span, the immobilization
period is 90 days. For the third OVI within a six-year
span, the immobilization period is 180 days. A fourth
offense within a six-year span will result in vehicle
forfeiture.
For Financial Responsibility Act (FRA) suspensions,
the first offense within five years is 30 days, the
second offense within five years is 60 days, and three
or more offenses will result in vehicle forfeiture.
8. What does “vehicle
forfeiture” mean?
After the triggering conviction, the court will order
the vehicle forfeited to the State of Ohio in accordance
with the Ohio Revised Code. Before the vehicle is
forfeited, the owner has an opportunity for a hearing on
the matter.
9. What is an SR22 Bond?
A financial responsibility insurance bond covers the
insured while driving any vehicle. |