The undersigned, an Attorney at Law, hereby enters his appearance as Designated Trial Counsel for the Defendant herein.
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Defendant hereby waives his plea of not guilty to the above numbered charge, having been informed of his rights by defense counsel. Defendant further waives the right to be present at arraignment and having charges read in open Court, but hereby retains all other constitutional rights afforded him under the law.
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| APPROVED AND FILED | ENTERED | ||
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Minute |
CR21 1/95, 7/96
| HAMILTON COUNTY MUNICIPAL COURT | |||
Cincinnati, Ohio |
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STATE OF OHIO |
ENTRY | ||
| CITY OF CINCINNATI | |||
-vs- |
IN RE: ORDER OF FORFEITURE OF VEHICLE/PLATES (R.C. 4503.234) |
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| __________________ Defendant |
Case No. _____________ |
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It is the finding of the court that the following vehicle(s) is/are hereby forfeited:
| Plate Name | Plate Type | State Issued | Expiration Date | Vehicle I.D. # |
The vehicle(s) and plates shall be seized by _______________ agency, and taken to ___________________________________.
The vehicle(s) and plates are ordered forfeited because the defendant was convicted of:
| ____ | Violation of immobilization order R.C. 4503.233 |
| ____ | A third or subsequent offense of driving under an FRA suspension, R.C. 4507.02(B)(1) |
| ____ | A third or subsequent offense of driving under a DUI suspension, R.C. 4507.02(D)(2) |
| ____ | A second or subsequent offense of unlawful entrustment, R.C. 4507.33 |
| ____ | A fourth or subsequent DUI offense, R.C. 4511.19. |
| ___________ | ___________________ |
| Date |
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| THE OWNER OF THIS VEHICLE IS |
| RESPONSIBLE FOR ALL |
| STORAGE & TOWING FEES ... |
CR22 1/95, 7/96
The court hereby finds:
| 1. The vehicle shall remain immobilized pretrial. | ||
| ____ | The Motion to Return the Seized Vehicle is not well taken. Therefore, the vehicle and license plates will remain immobilized by the police agency seizing the vehicle. | |
| 2. The vehicle shall be released to the owner pretrial. | ||
| ____ | The Motion to Return the Seized Vehicle is well taken. Therefore, the vehicle and license plates are ordered released pretrial to the rightful owner or to _________________, who is acting on his/her behalf by the police agency seizing the vehicle. The owner shall bring the vehicle, registration and license plates on date of sentencing. If the title to your motor vehicle becomes subject to an order of criminal forfeiture and is assigned or transferred in a bona fide manner you may be fined the value of the vehicle. | |
| 3. Charges dismissed vehicle released. | ||
| ____ | The defendant has had the charges dismissed at the initial appearance. The court hereby orders the release of the license plates and vehicle to the rightful owner or someone acting on his/her behalf by the police agency seizing the vehicle. | |
| 4. Defendant not guilty vehicle released. | ||
| ____ | The defendant has been found not guilty of the charges at the trial. The court hereby orders the release of the license plates and vehicle to the rightful owner or someone acting on his/her behalf by the police agency seizing the vehicle. | |
| ___________ | ___________________ |
| Date |
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| THE OWNER OF THIS VEHICLE IS |
| RESPONSIBLE FOR ALL |
| STORAGE & TOWING FEES ... |
CR23 7/96, 7/97
Now comes the defendant herein and requests that the court set aside the Administrative License Suspension imposed by the Ohio Bureau of Motor Vehicles and order the suspended license be returned to the defendant. The defendant hereby waives time until __________________ if this matter is continued in progress.
| ______________________ | |
| Defendant/Defense Attorney | |
| ______________ | |
| Attorney Number | |
| ____________ | |
| Date |
CR24 1/95, 7/96, 6/02
| HAMILTON COUNTY MUNICIPAL COURT | |||
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Cincinnati, Ohio |
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STATE OF OHIO |
ENTRY | ||
| IN RE: Innocent Owner | |||
| Exception | |||
vs. |
R.C. 4503.235 |
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| ________________ | Case No. ___________ | ||
| Defendant | |||
The court finds that the person who was convicted in the above case was not the vehicle owner, and the owner has filed a timely motion alleging he/she was innocent of any wrongdoing relative to the offense. The court finds one of the following: (check A or B)
The vehicle was a rented or leased vehicle for more than 30 days and the State failed to prove one or more of the following: (circle one or more if appropriate)
| 1. | The offender did not present a valid operator's license at the time of leasing or renting. |
| 2. | The offender appeared to be under the influence at the time of leasing or renting. |
| 3. | The owner knew or should have known after reasonable inquiry that the vehicle was used or involved in or likely to be used or involved in the offense or violation. |
| 4. | That the vehicle owner or his agent expressly or impliedly consented to the use or involvement of the vehicle in the offense or violation. |
OR
The vehicle was not leased or rented for more than 30 days and the State failed to prove one or more of the following: (circle one or more if appropriate)
| 1. | The motor vehicle owner knew or should have known after reasonable inquiry that the motor vehicle was used or involved in or likely to be used or involved in the offense or violation. |
| 2. | The motor vehicle owner or agency expressly or impliedly consented to the use of or involvement of the motor vehicle in the offense or violation. |
OR
The court determines that
immobilization/impoundment or forfeiture would be a substantial injustice to the motor
vehicle owner.
______________________
Wherefore:
| A. | ____ | The court GRANTS the motion
and ORDERS the vehicle returned to the owner. |
| OR | |
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| B. | ____ | The State has proved one or more of the following under either A. or B. above and the court DENIES the motion. |
| ___________ | ___________________ |
| Date |
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| THE OWNER OF THIS VEHICLE IS |
| RESPONSIBLE FOR ALL |
| STORAGE & TOWING FEES ... |
CR25 1/95, 7/96