Toledo Municipal Court

What Do I Do If... - FAQ

What if I can't come to court?
What if I don't know when I'm supposed to come to court?
How long will I be in court?
What if I fail to come to court?
What is Immobilization?
How long will my vehicle be "Clubbed" or Immobilized?
What is Wrongful Entrustment and is there an immobilization?
What does "Vehicle Forfeiture" mean?
What is an SR22 Bond?
What are Limited Driving Privileges and how can I get them?
How do I file a Petition for Driving Privileges?
How do I get a Vehicle Release from impound?
What do I do if I want to find out my probation officer name and phone number, my next probation appointment date, or my restitution balance?
I was involved in an accident and the other driver did not have insurance. Will the Court order the other driver to pay for the damage to my car?

FOR MORE INFORMATION ON OHIO DRIVING LAWS CONTACT THE BUREAU OF MOTOR VEHICLES, or visit their web site at www.ohiobmv.com.

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 is Immobilization?

A vehicle can be immobilized when a driver/owner is cited for driving with a Suspended Operator's License, Wrongful Entrustment, or DUI/OVI. Immobilization allows an impounded vehicle to be "clubbed" and then released from the tow lot.

If the vehicle needs a court-ordered release, the owner of the vehicle must report to the Toledo Municipal Clerk of Court. The Clerk of Court is located on the first floor of the Toledo Municipal Court. The owner's case file is sent to the License Intervention Specialist, who will review the paperwork and determine if the vehicle can be released or if it requires immobilization.

If a vehicle can be released, the owner of the vehicle must show proof of insurance to the License Intervention Specialist. The owner will then get release paperwork to take to the impound lot. The owner must show proof of ownership, proof of insurance, and pay all towing and storage fees at the impound lot.

If immobilization is required, then the owner must pay a $30.00 cash-only fee at the License Intervention Office. This payment is non-refundable. On the next business day, a police officer will lock a "Club" onto the impounded vehicle's steering wheel. The owner can then have the vehicle released from impound and towed to another location. The owner must show proof of ownership, proof of insurance, and pay all towing and storage fees at the impound lot before release. The vehicle cannot be driven or sold during the immobilization period.

6. How long will my vehicle be "Clubbed" or Immobilized ?

For second DUI/OVI offenses within six years, a vehicle can be immobilized for 90 days.
A third DUI/OVI offense within six years can result in vehicle forfeiture.
For first Driving Under Suspension or Wrongful Entrustment offenses within five years, a vehicle can be immobilized for 30 days.
For second Driving Under Suspension or Wrongful Entrustment offenses within five years, a vehicle can be immobilized for 60 days.
A third Driving Under Suspension or Wrongful Entrustment offense within five years can result in vehicle forfeiture.

7. What does Wrongful Entrustment mean and is there an immobilization?

The owner of a vehicle can be charged with Wrongful Entrustment when the owner lets someone else drive their vehicle and that other person a.) has no driver's license; b.) has no insurance; or c.) is under the influence of drugs or alcohol.

If the driver lives in the same household and is related by blood or marriage, then the owner of the vehicle can be charged with Wrongful Entrustment. The vehicle will be immobilized for 30 days on the first conviction; 60 days on the second conviction; and a vehicle forfeiture on the third conviction.

If the driver is not related by blood or marriage and does not live in the same household, the owner will be asked by the Toledo Police Department DUI/SOL Unit to sign an affidavit stating that s/he will not allow the driver to operate his/her vehicles until the driver obtains a valid driver's license. After signing the affidavit, the owner's vehicle can be released from the impound lot. If the owner has previously signed an affidavit, the vehicle cannot be released and will instead be immobilized or forfeited.

The phone number for the Toledo Police DUI/SOL Unit is 419-245-3257.

8. What does "Vehicle Forfeiture" mean?

The court can order that a vehicle be turned over, or forfeited, to the State of Ohio after a third DUI/OVI conviction within six years or a third Driving Under Suspension or Wrongful Entrustment within five years. Forfeited vehicles are sold at auction and the money from the sale is retained by the City of Toledo. The owner can request a hearing before the vehicle is forfeited.

9. What is an SR22 Bond?

An SR22 Bond is a "financial responsibility insurance bond" that is purchased through an automobile insurance company. Once you have this insurance, your insurance company should file Form SR22 with the Ohio Bureau of Motor Vehicles (BMV) to show that you are now lawfully insured. Specific questions regarding the terms and cost of your coverage should be directed to your automobile insurance company.

10. What are Limited Driving Privileges and how can I obtain them?

Limited Driving Privileges are a court-order that allows individuals with a suspended driver's license to continue driving to work, school, or medical appointments. If your license is suspended because of a DUI charge, then you must see a judge to request privileges. Anyone else seeking driving privileges can be screened by the License Intervention Specialist. Final approval is discretionary and is made on a case-by-case basis by a judge or magistrate. General requirements:

All reinstatement fees owed to the Ohio BMV must be paid.
All outstanding fines and costs owed to this Court or any other Court must be paid. Ohio BMV will not accept limited driving privileges unless all license forfeitures and warrant blocks are cleared.
An SR 22 insurance bond must be on file with the Ohio BMV.
You have no more than two non-compliance suspensions within a five year period.
All security and judgment suspensions must be lifted.
All child support suspensions must be lifted.
All out of state suspensions must be lifted.
Any additional requirement based on your unique circumstances and driving record.

You will be given a list of what you must do if you are eligible for driving privileges. Once you have completed all the requirements, you can return to the License Intervention Office to apply for the privileges. This includes providing paperwork that shows the days and times necessary for limited driving:

Work Privileges: A letter from your employer stating the days and times you are scheduled to work. Check stubs or a print-out of your work schedule are not accepted.
School Privileges: A letter from your school verifying that you are currently enrolled in classes along with a list of your class days and times. A print-out of your class schedule is not accepted.
Medical Privileges: A letter or statement from your physician is required for medical treatment. Statements must list the days and times you generally receive treatment.

11. How do I file a Petition for Driving Privileges?

If you are a resident of the City of Toledo and receive a BMV random selection suspension or a 12-point Ohio driver's license suspension, you must file a petition with the Toledo Municipal Court to request driving privileges.

If you get a traffic ticket which results in a suspended license, you can file a petition to request driving privileges with either the Toledo Municipal Court or the court of jurisdiction where the ticket was issued.

To file a Petition for Driving Privileges in the Toledo Municipal Court, you must first be screened by the License Intervention Specialist. The License Intervention Specialist will review your driving record to determine if you are eligible for driving privileges. See Limited Driving Privileges information regarding general eligibility requirements.

If you are eligible for driving privileges, you will be given a Motion for Limited Privileges Form. The Motion for Limited Privileges Form must be completed and filed with the Toledo Municipal Court Civil Division. The Civil Division is located in the basement of the Toledo Municipal Court. The cost for filing the Motion is $107.00 (Note: The Civil Division only accepts cash payments.)

12. How do I get a vehicle released from impound?

First, the owner of the vehicle must contact the impound lot where the vehicle was towed in order to find out if a court-ordered release is needed.

If the vehicle can be released without a court order, then the owner of the vehicle must go to the impound lot with the following information: 1.) proper identification, 2.) proof of insurance, 3.) proof of ownership, and 4.) payment for all towing and storage fees.

If the vehicle cannot be released, then the owner of the vehicle must report to the Toledo Municipal Clerk of Court. The Clerk of Court is located on the first floor of the Toledo Municipal Court. The owner's case file is sent to the License Intervention Specialist, who will review the paperwork and determine if the vehicle can be released or if it requires immobilization.

13. What do I do if I want to find out my probation officer name and phone number, my next probation appointment date, or my restitution balance?

If you send a text message to the Probation Information Line - 419-490-1842 - you will be sent a text message to your cell phone with your probation officer's name and phone number, your next appointment date, and any restitution balance. For more information on this service, click here.

14. I was involved in an accident and the other driver did not have insurance. Will the Court order the other driver to pay for the damages to my car?

It depends. When a Court orders someone to reimburse an individual for losses related to a crime or offense, this is referred to "restitution". The Court does not have jurisdiction in all cases to order restitution. If the Court does not order restitution in your case, you can take legal action to receive money for the damage caused by the accident. For more information on how to recover money for damages click here.