Ohio § 2903.08
Full text of Ohio Ohio Revised Code § 2903.08, with citation guidance and answers to common questions.
§ 2903.08.
(A) No person, while operating or participating in the operation of a motor vehicle,
motorcycle, utility vehicle, mini-truck, 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, utility vehicle, mini-truck, 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, utility vehicle, mini-truck, 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 division (A) of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance within the previous ten 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 ten 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 ten 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, as described in division (D)(4) of
this section, 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, as described in division (D)(4) of
this section, 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 . (4) A mandatory prison term required under division (D)(1) or (2) of this section shall
be a definite term from the range of prison terms provided in division (A)(2)(b) of section 2929.14 of the Revised Code for a felony of the second degree, from division (A)(3)(a) of that section for a
felony of the third degree, or from division (A)(4) of that section for a felony of
the fourth degree, whichever is applicable, except that if the violation is a felony
of the second degree committed on or after March 22, 2019, the court shall impose
as the minimum prison term for the offense a mandatory prison term that is one of
the minimum terms prescribed for a felony of the second degree in division (A)(2)(a) of section 2929.14 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.
Frequently Asked Questions About Ohio § 2903.08
What does Ohio Revised Code § 2903.08 cover?
Section 2903.08 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2903.08?
A common citation format is "Ohio Revised Code § 2903.08" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2903.08 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.