If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer for free.

Description: Medina, Ohio criminal defense lawyer represented Defendant charged with DUI.

In this case, we are asked two separate questions about R.C.
4511.19(G)(1)(c)(v) and Ohio’s criminal-forfeiture scheme for vehicles owned and
used by repeat drunk drivers. First, we are asked whether that scheme violates the
Equal Protection Clauses in the state and federal Constitutions by treating owners
and nonowners differently. Next, we are asked, more specifically, whether the
forfeiture of appellant James O’Malley’s 2014 Chevrolet Silverado constituted an
excessive fine in violation of the Eighth Amendment to the United States
Constitution. We find that there was no equal-protection violation and that, as
applied to O’Malley, the vehicle forfeiture mandated by R.C. 4511.19(G)(1)(c)(v)
did not violate the Excessive Fines Clause of the Eighth Amendment because it was
not grossly disproportional to the gravity of his offense.

Outcome: Affirmed.

Plaintiff's Experts:

Defendant's Experts:

Comments: