Frequently Asked Questions
If you missed your court date, it is important that you go to the Clerk's Office on the first floor and ask to have your file pulled and taken to the duties judge. It is the discretion of the duties judge as to what action will be taken in your case.
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 your court date occurs or bond (bail) is posted. In addition, a warrant block may be issued which will prevent you from renewing your driver's license or your license plates.
You should have received a ticket, citation, subpoena, or other form telling you when and where to appear in court. If you didn't receive anything telling you when to appear or if you lost or misplaced the information, check with your attorney about when and where to appear. If you do not have an attorney, you can call the Clerk's Office at (419) 936-3650. Case information is also available on the Toledo Municipal Clerk of Court's website at www.tmc-clerk.com. Appearance lists are electronically posted throughout the courthouse. The monitors on the first floor list all cases assigned in all courtrooms for the day. If you know the day and time you are scheduled to be in court but not which courtroom, consult these monitors to determine the correct location.
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.
If you received a summons to appear on a criminal or traffic case, you need to appear in court on the designated date listed in the summons. If you received a civil summons action in a forcible entry and detainer (eviction) case, you need to appear in court on the designated date and time as listed on the summons. If you received a civil summons action, you have 28 days from the date of service to file an answer.
You will need to file a motion with the court. Sample motion forms can be found at the library and here on our website. If you were convicted of the charge, a $50.00 fee is required when the motion is filed. If the case was dismissed, there is no filing fee. Your case will be reviewed and you will be notified to attend a hearing for the decision on the motion.
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, you must see a judge to request privileges. Anyone 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(s) 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 of 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 printout 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 printout 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.
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 that 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. Click here to file a request to determine eligibility 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 $108.00.
A vehicle can be immobilized when a driver/owner is cited for driving with a suspended operator's license, wrongful entrustment, or a 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 Toledo Municipal Court. The owner's case file will then be 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 and proof of insurance and pay all towing and storage fees at the impound lot.
If immobilization is required, 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 the impound lot and towed to another location. The owner must show proof of ownership and 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.
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.
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 vehicle(s) 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.
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 conviction 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.
An SR-22 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 SR-22 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.
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:
- Proper identification
- Proof of insurance
- Proof of ownership, and
- 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 building. The owner's case file will be sent to the License Intervention Specialist who will review the paperwork and determine if the vehicle can be released or if it requires immobilization.
It depends. When a court orders someone to reimburse an individual for losses related to a crime or offense, this is referred to as "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 damages caused by the accident. For more information on how to recover money for damages click here.
Send a text message with your probation PIN to the Probation Information Line (419) 567-2600 and a text message will be sent to your cell phone with your probation officer's name and phone number, your next appointment date, and any restitution balance. Click here for more information about your probation PIN.
