Tag Archives: dayton ovi defense lawyer

DUI in Dayton, Ohio? Your Case Will Be Heard In The Dayton Municipal Court

DaytonSealIf you are arrested on suspicion of  drunk driving in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court.  The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402.  You can visit the Dayton Municipal Court’s website at:www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org.  A full list of contact numbers is available on the Court’s website and the Clerk can be reached at (937) 333-4300.  Five full-time elected judges, selected on a nonpartisan ballot to serve for a six-year term, serve the Dayton Municipal Court.  Currently the serving judges are: The Honorable Chris Roberts, The Honorable John S. Pickrel, The Honorable Daniel Gehres, The Honorable Carl S. Henderson and The Honorable Dierdre Logan. Two full-time Magistrates who hear certain civil cases, small claims cases, eviction procedures and initial appearances for defendants summoned in for arraignment also serve the court. They also preside over traffic and criminal cases.  The jurisdiction of the Court includes everything within the boundaries of the City of Dayton. The court has jurisdiction over a violation of any ordinance of the City of Dayton; any state of Ohio statutory misdemeanor or traffic violation committed in Dayton; and jurisdiction to preside over preliminary hearings for felony cases that occur in the City of Dayton.

If you are arrested on federal property (like Wright-Patterson Air Force Base), your DUI/OVI case may be held in the United Stated District Court for the Southern District of Ohio.  The fact that the DUI will be heard in a federal court should not concern you, as Charles M. Rowland II has experience in that court handling DUI cases.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a federal DUI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can contact the Court at (937)512-1400 Monday through Friday from 9:00 a.m. until 4:00 p.m.  An Ohio DUI lawyer experienced in federal dui laws and drunk driving cases can explain the difference between state and federal prosecutions, and the potential penalties of each.  If you are arrested for DUI on Wright-Patterson Air Force Base, the court will apply Ohio law in adjudicating your case via the Assimilative Crimes Act.  Generally, you will face the same harsh penalties for a federal DUI as you would under Ohio DUI law.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

How to Hire a DUI Defense Attorney

CUT THROUGH THE CONFUSION AND HIRE AN OVI ATTORNEY WHO WILL FIGHT YOUR CASE AND GET YOUR LIFE BACK!

Thank you for reviewing this material.   I offer this common-sense guide to helping you find the right attorney because I believe that with a good game plan and realistic expectations you can win your case.   Since the inception of my practice I have provided the accused drunk driver with access to information about Ohio’s tough drunk driving laws.  I believe that information is the key to overcoming fear and empowering you to make good decisions.  Don’t be afraid to ask tough questions and demand straight answers in order to make an informed decision.  Here are 10 questions that you should use to interview potential OVI attorneys.

Question One: Do You Limit Your Practice to OVI?

All web sites (even this one) are marketing tools set up to highlight the best aspects of an attorney’s practice.  As one web development company tag line puts it, “NO ONE LOOKS BAD ON THE WEB.”  Often, a firm will have multiple pages dedicated to each area of law that they practice, implying that they are “dedicated” to one or another particular practice area when in fact DUI defense is a small part of their practice. You don’t want a lawyer who “dabbles” in DUI.  ASK THE QUESTION: “Is your practice limited to representing the accused drunk driver?”

DUI defense is a complex area of law involving forensic science, specialized knowledge and litigation techniques specific to DUI.  Successful practitioners will have access to information, arguments, experts and materials that come from being exposed to multiple DUI cases.  DUI attorneys will have blogs, websites, materials, scientific studies, and books specific to the field.  Ask your potential attorney what DUI-specific organizations he belongs to, what legal education conferences he has spoken at or attended. Ask your potential attorney to hand you his or her copy of the NHTSA Student Manual that he will use in court.  Does the attorney have one?  Is it up to date?  Thanks to the internet you can find out all you need to know by looking at other sites that the attorney is featured on.  On www.AVVO.com attorney profiles have a breakdown of the lawyer’s practice areas that are self-reported by the attorney.

All I Do Is DUI.

 

Question Two: What Kind of DUI Credentials Do You Have?

Credentials are earned through hard work and dedication to the cause of drunk driving defense.  Often, DUI attorneys receive specialized training and certification on the breath testing machines in their jurisdictions.  These certifications are invaluable in understanding how a machine could malfunction or give a falsely high reading.  Dedicated DUI counsel can also receive specialized training in the Standardized Field Sobriety Testing by becoming certified to administer and evaluate the field tests.  Having worked both sides of the DUI issue can also be an important credential.  Has the attorney ever worked as a prosecuting attorney?  Has the attorney ever prosecuted a DUI case?  Has the attorney ever lectured or written on DUI topics for journals, newspapers or bar associations?  The truth is that the internet has many directories or referral services where an attorney can be listed as a “DUI” attorney with little or no DUI experience whatsoever.  Yellow page advertisements, which often have DUI listed among many other practice areas, can also be misleading as to DUI credentials.  It is up to you to dig deeper and demand that the attorney demonstrate a depth of knowledge in DUI defense.

See the “About Me” section above to learn about my DUI credentials.

 

Question Three: What Is Your DUI Experience?

You should walk out of your attorney’s office confident in the knowledge that you have spoken to someone who has real experience defending DUI cases.  Ask the following and, if you don’t get straight answers, get up and leave: Have you ever tried a DUI case to a jury?  Have you ever tried a felony DUI case?  Have you ever tried a “test” case (a case where the person blew into a breath machine)?  Have you ever tried a “refusal” case (a case where the person refused to blow into a breath test machine)?  Have you ever tried a DUI case in federal court?   Have you ever argued cases involving dentures?  Have you ever argued a case involving AMBIEN sleep medication?  Have you ever represented doctors? Dentists? Pilots? Paramedics? Athletes? Military Personnel?  How many DUI Motions to Suppress have you done?  Have you ever done a motion or trial in the court where I will appear?

Some firms add up the years of practice of each person in the office and say things like, “our firm has over thirty years of representing clients,”  This is not experience, this is mathematics.  If you were having heart surgery would you care how many years of experience some other doctor had, or would you want the most experience heart surgeon you could get.

I have tried each of the “types” of cases described above. See the following ARTICLE on my Aggravated Vehicular Homicide case in the Greene County Common Pleas Ct.

 

Question Four: Will You Or Someone Else Represent Me?

One of the most important questions to ask is “who will be representing me in court.”  If you meet with a highly qualified, experienced DUI attorney make sure that he or she will be beside you in court.  Having the attorney answer this question by referring to a “team approach” may be a way of saying that you will be shuffled off to an associate once we get your money.  Another evasion is for the firm to say, “all of our attorneys are involved in your case.”  If you hire Michael Jordan make sure you don’t get someone who attended the Michael Jordan basketball camp.  Your case is the most important case in the world to you! You are not a commodity to be managed, but a client to receive the best the attorney has to offer.

When you hire Charles M. Rowland II, you get Charles M. Rowland II at every stage of your OVI case.

 

Question Five: What Do Other Attorneys (and Real People) Think of You?

The legal profession requires a high degree of collaboration and cooperation with others in the legal community.  Often, successful attorneys will be an active member of their local or state bar associations.  Like jury trials, serving on boards, taking on leadership positions and having valuable “real-life” experiences demonstrate that the attorney has the ability to represent your interest.  You can also see your attorney’s rankings and endorsements on www.AVVO.com.  Use this information to form your own opinion.  There is nothing like sitting down and having a conversation with someone to learn about that person.  Trust your instincts!  If something about the attorney seems off-putting in his office, imagine how nervous you will be when that attorney goes into a room to talk about your life without you there.  The DUI experience is traumatic and you are very vulnerable, so consider bringing someone you trust to interview the attorney with you.

See the “About Me” section above to learn about my credentials beyond the courtroom.

 

Question Six: Have You Ever Been Disciplined by the State Bar?

It goes without saying that a lawyer who has been disciplined in the past should receive extra scrutiny.  You should also look for things like gaps in the attorney’s resume, dramatic job shifts or traveling from job to job.

I have never been disciplined by the State Bar.  This can be verified at www.Avvo.com (search Charles M. Rowland II) or at the Ohio Supreme Court web site (www.sconet.state.oh.us/).

 

Question Seven: What Is The Court Process?

Have the attorney explain in detail what each step in the DUI court process will be like.  Have your attorney explain what he or she will be doing at each stage and what will be required of you at each stage.  This is also a good way of determining what level of communication you can expect from your attorney and how your attorney approaches the problems in your case.  Have the attorney explain what possible defenses he or she will raise.  Ask how the attorney what his or her philosophy is regarding pre-trial hearings.  Ask how the decision to go forward on a motion to suppress will be made.  If the attorney won’t (or can’t) explain things easily to you, why should you expect he or she could communicate well with a jury.

Please click HERE for a video of me explaining the DUI court process.

 

Question Eight: Who Do You Work With?

DUI attorneys often rely on expert witnesses in defending cases.  Experts can prove vital to raising defenses to chemical tests and challenging the officer’s interpretations at the scene.  Other experts can include optometrists, accident reconstruction experts, psychologists, private investigators, forensic toxicologists, doctors and forensic scientists.  Experienced DUI counsel will have worked with top-of-the-line experts in court and will know how to use them to your advantage.  Another benefit of hiring experienced counsel rests in knowing when not to rely upon an expert.  Ask for names, and case references and don’t be afraid to demand an interview with the expert prior to hiring them.  Remember the attorney works for you – you don’t work for the attorney.

See the following ARTICLE in which I used expert witnesses to earn a not guilty verdict.  I have cultivated relationships with the best experts in the world.

 

Question Nine: What Will This Cost Me?

My father always said, “If you know how somebody gets paid you’ll never get ripped off.”  Here are some common-sense questions to determine what you will be charged for:

  • Will you be charged a flat fee or will you pay a retainer fee and have an open-ended bill?
  • Will your attorney be incentivized to keep the case going on longer?
  • Will your attorney be incentivized to take any plea just to end the case?
  • Will you be charged copy fees, filing fees, paralegal fees, or any other fees on top of your bill?
  • Will you be billed monthly, weekly or all at once?
  • Does the fee include the costs of a trial?
  • Does the fee include the costs of an appeal?
  • Does the fee include representation on case-related issues after the case is over (driver’s license issues)?

Again, if the attorney won’t give straight answers to these questions be prepared to leave without hiring that attorney.

Warning: If you are shopping based on price alone, you probably won’t hire me.  I am not “cheap” and I don’t want to be.  In my opinion, hiring an attorney based solely on price is as stupid as representing yourself.  Do not expect answers to fee questions over the telephone.  I cannot give you a realistic price unless I know all the information about you and your case.  It is inconceivable to me that a dedicated and ethical attorney could, or would, quote a fee without a thorough investigation of your case.

BE CAREFUL!  If you get a letter in the mail offering a flat fee for DUI services – be careful.  If you find an attorney who will charge considerably less than any other attorney you consult with – be careful.  If you talk to, or visit a web page that tries to scare you – be careful.  If you talk to an attorney that puts down public defenders – be careful.  If you meet with an attorney who stresses his friendship with the Judge or Prosecutor – be careful.  If you talk with a referral service rather than an attorney – be careful.  If you meet with an attorney who puts other attorneys down – be careful.  If you meet with an attorney that pressures you into making a decision right away – be careful.  If you get treated rudely on the phone by the attorney, staff, or anyone associated with him or her – be careful.  If you meet with an attorney that guarantees an outcome or makes an outcome seem a foregone conclusion – be careful.  Let common-sense be your guide.

Question Ten: Can You Help Me?

Do not hire an attorney that promises outcomes or implies that they are the only lawyer who could handle your case.  You know better!  All that ethical counsel can promise is their best effort at defending you.  Some lawyers, through hard work, may be in a better position to recognize issues in your DUI case.   No lawyer will win all their cases, but you can’t win issues you don’t know exist.  Hire the person who is best situated to be your guide. As the old cowboys used to say, “he’ll do to ride the river with.”  Like all relationships, you will know when it is right. Rely on your judgment and experience and trust your instincts.  You will know whether or not you have made a good decision.

Driving Under the Influence of Drugs in Ohio

Cocaine hydrochloride for medicinal use. This ...

Ohio Revised Code 4511.19(A)(1)(j) prohibits the operation of a motor vehicle under the influence of a controlled substance, specifically if your blood or urine contains a statutorily specified concentration of: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A.

Dayton DUI Attorney Charles M. Rowland II dedicates himself to the defense of the accused drunk driver.  He has attended the latest forensic science seminar of the National College for DUI Defense and is the only Ohio OVI attorney to have earned certification in Forensic Sobriety Assessment.  If you need an aggressive Ohio DUI attorney, contact Charles M. Rowland II today HERE, or at 937-318-1DUI (318-1384) or visit www.DaytonDUI.com.

Driving Under the Influence of Ecstasy

Driving Under the Influence of Drugs in Ohio

Animated picture of the chemical structure of ...

“Ecstasy,” 3,4-Methylenedioxymethamphetamine (MDMA) is popular among recreational drug users ages 17-25 who take the drug to experience heightened responsiveness to intimate touch, increased sexual stimulation, increased energy, elevated self-esteem and euphoria.  Several recent studies have attempted to define MDMA/ecstasy impairment:

  • Nichols, “Differences Between the Mechanism of Action of MDMA, MBB and the Classic Hallucinogens, Identification of a New Therapeutic Class: Entactogens,” 18 J. Psychoactive Drugs 305 (1986);
  • Parrott & Lasky, “Ecstasy (MDMA) Effects Upon Mood and Cognition: Before, During and After a Saturday Night Dance,” 139 Psychopharmacology, 261 (1998);
  • McCann et al., “Cognitive Performance in (+3,4-Methylenedioxymethamphetamine (MDMA, Ecstasy)) Users: A Controlled Study,” 143 Psychopharmacology 417 (1999);
  • Gauzoulis-Mayfrank, et al., “Impaired Cognitive Performance in Drug-Free Users of Recreational Ecstasy (MDMA),” 68 J. Neurol. Neurosurg. Psych. 719 (2000);

Assuming your client does not take a chemical test, these types of case are defensible.  Because Ohio does not employ a Drug Recognition Expert (DRE) protocol, you can use a lack of “indicators” for ecstasy with little chance that the officer can present evidence based on any specialized training to contradict you.  Employing an expert should have particular impact in these types of cases.  Often the indicators for alcohol come in conflict with the “indicators” for MDMA use.  The indicators for MDMA include:

  • Horizontal and vertical gaze not present;
  • No lack of convergence;
  • Dilated pupils with slow reaction to light;
  • Elevated pulse rate;
  • Elevated blood pressure; and
  • Elevated body temperature.

Drug Evaluation and Classification Training Program – The Drug Recognition Expert School, U.S. Department of Transportation Safety Institute, NHTSA 1999 ed, as cited in Barone, Defending Drinking Drivers, Second ed. at 1-103.  Challenging this evidence at a motion to suppress would also require the prosecution to bring in an expert witness as the typical officer would lack the scientific background to present psychopharmalogical evidence.  You should also focus your potential defenses on what the officer observed as indicators of impairment by MDMA and the typical defenses raised by creating a time line favorable to your client.

If you face a charge of driving under the influence of drugs or driving under the influence of ecstasy, contact Dayton DUI Attorney Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) or visit www.DaytonDUI.com.

Aggravated Vehicular Assault and Vehicular Assault; R.C. 2903.08

Plaque commemorating the Northwest Ordinance o...

 

When someone is seriously injured in an accident that involves alcohol, it is a tragedy.  Charles M. Rowland II represents people charged with felony OVI offenses like Aggravated Vehicular Assault and Aggravated Vehicular Homicide throughout the State of Ohio.  You need someone who knows the science and is talented enough to assemble a team to win your case. “WIN THE SCIENCE/WIN THE LAW/WIN YOUR CASE!”  Below is the Ohio Revised Code Chapter defining the offense of Aggravated Vehicular Assault.  If you need an experienced DUI attorney to represent you, CONTACT CHARLES M. ROWLAND II today at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263)

2903.08 – Aggravated vehicular assault; vehicular assault

(A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another’s unborn in any of the following ways:

(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;

(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;

(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance.

(2) In one of the following ways:

(a) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in division (E) of this section;

(b) Recklessly.

(3) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (E) of this section.

(B)(1) Whoever violates division (A)(1) of this section is guilty of aggravated vehicular assault. Except as otherwise provided in this division, aggravated vehicular assault is a felony of the third degree. Aggravated vehicular assault is a felony of the second degree if any of the following apply:

(a) At the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code.

(b) The offender previously has been convicted of or pleaded guilty to a violation of this section.

(c) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.

(d) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance within the previous six years.

(e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.

(h) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.

(2) In addition to any other sanctions imposed pursuant to division (B)(1) of this section, except as otherwise provided in this division, the court shall impose upon the offender a class three suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Revised Code . If the offender previously has been convicted of or pleaded guilty to a violation of this section , any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, the court shall impose either a class two suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(2) of that section or a class one suspension as specified in division (A)(1) of that section.

(C)(1) Whoever violates division (A)(2) or (3) of this section is guilty of vehicular assault and shall be punished as provided in divisions (C)(2) and (3) of this section.

(2) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(2) of this section is a felony of the fourth degree. Vehicular assault committed in violation of division (A)(2) of this section is a felony of the third degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, or if, in the same course of conduct that resulted in the violation of division (A)(2) of this section, the offender also violated section 4549.02, 4549.021, or 4549.03 of the Revised Code.

In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section , any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, a class three suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of that section.

(3) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(3) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.

In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section , any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, a class three suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Revised Code.

(D)(1) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(1) of this section.

(2) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(2) of this section or a felony violation of division (A)(3) of this section if either of the following applies:

(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.06 of the Revised Code.

(b) At the time of the offense, the offender was driving under suspension under Chapter 4510. or any other provision of the Revised Code.

(3) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code.

(E) Divisions (A)(2)(a) and (3) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1) or (2)(b) of this section in that construction zone or the prosecution of any person who violates either of those divisions in that construction zone.

(F) As used in this section:

(1) “Mandatory prison term” and “mandatory jail term” have the same meanings as in section 2929.01 of the Revised Code.

(2) “Traffic-related homicide, manslaughter, or assault offense” and “traffic-related murder, felonious assault, or attempted murder offense” have the same meanings as in section 2903.06 of the Revised Code.

(3) “Construction zone” has the same meaning as in section 5501.27 of the Revised Code.

(4) “Reckless operation offense” and “speeding offense” have the same meanings as in section 2903.06 of the Revised Code.

(G) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.

Effective Date: 01-01-2004; 06-01-2004; 09-23-2004; 04-04-2007