Delaware Traffic Violations

Delaware had a share of growing traffic violation incidents like any other typical state. One example is the arrest of a 47-year-old man from Pennsylvania on the 16th of July, 2024. Unfortunately, the offender was charged with vehicular assault and driving under the influence (DUI).

This report from the Delaware State Police (DSP) is one of the tragic incidents that have cost people their lives. To help mitigate these alarming traffic violations, the Delaware Division of Motor Vehicles (DE DMV), in partnership with the DSP, has exhausted all mechanisms to combat the severe road offenses.

The state has established its Rules of the Road, which provide motorists with blueprints of specific guidelines for proper behavior while driving. These rules intend to educate motorists on the legal responsibilities attached to their roles as drivers.

Gone are the days when drivers faced tough times searching for published information to educate them on proper driving and traffic rules. With the state of Delaware's effort to reach out to motorists via online services, no driver is left out unless they do not perceive traffic rules as an integral part of the driving journey.

What Are the Major Traffic Violations in Delaware?

Delaware has a comprehensive set of traffic laws designed to advocate road safety. While minor infractions such as speeding or disregarding traffic signals are ordinary, certain violations are considered more severe due to their potential impact on public safety.

Understanding the severity of these violations is crucial for drivers to avoid legal repercussions and to promote safer driving habits. By familiarizing oneself with Delaware's traffic laws, individuals can reduce the risk of accidents and ensure compliance with the state's regulations.

Here are some of the facts motorists need to know about significant traffic violations in Delaware:

Driving Under the Influence (DUI)

Delaware Code Title 21, Section 4177 sternly highlights the need for drivers to refrain from driving under the influence of alcohol. The code also specifies that authorities may arrest individuals whose Blood Alcohol Content ( BAC) reaches 0.08% or higher.

The sanction for this violation depends on its severity. For the first DUI offense, motorists are charged as high as $1,500. Jail month for this level can last up to 12 months, plus a possible 24-month license revocation.

The 2nd DUI offense and subsequent offenses yield higher penalties. Offenders are charged as high as $2,500, including a mandatory imprisonment of less than 60 days, but will not exceed 18 months. The offender may also expect an 18-30 month license revocation.

For everyone's information, Delaware imposes an Implied Consent Law that compels drivers to voluntarily submit to a chemical test to analyze the degree of impairment. Failure to comply with this mandate entails automatic license suspension.

First refusal results in a 12-month automatic license suspension, while second and third refusal may result in an 18- and 24-month suspension, respectively. These sanctions are in addition to the penalties for committing a DUI, which could mean a double problem for the motorist.

Driving with a Suspended License

DE Code Title 21, Section 2701 mandates that no Delaware driver should operate a vehicle without or under a suspended license. Once caught with a suspended license, the offender may face severe fines, possible jail time, and an extension to license suspension.

A first offense incurs a minimum fine of $500 and potential jail time of up to six months. Subsequent violations committed within three years may result in a mandatory $1,000 fine and a two-month jail sentence.

When a suspended license is caused by a violation related to DUI and other offenses, the motorist will be charged a minimum fine of $600 on his first offense of driving with a suspended license.

Hit and Run

Drivers involved in a collision have the legal responsibility to stop fully at the accident scene. This non-negotiable obligation is deep-seated in the DE Code Title 21 mandate, Section 4202. Thus, the irresponsible act of leaving the accident corresponds to different levels of sanctions.

For example, when a driver leaves the accident area, and the collision causes injury to any person, the driver is charged a fine of less than $1,000, alongside the possibility of being imprisoned for not less than a year or not more than two years.

In severe cases where the collision resulted in the death of any person, the offense falls into the Class E felony category. In this case, the court may impose a definite sentence of up to five years.

Speeding

Under the General Speed Restrictions of Delaware, drivers are not allowed to operate vehicles at unreasonable speeds. Speed should be controlled to avoid unwanted road incidents. The mandate is also clear about its thrust of penalizing offenders.

Motorists must note the acceptable speed limit they need to observe while driving. Here are some of them:

• School zones: 20 miles per hour (mph)
• Business and residential district: 25 mph
• Two-lane roadways: 50 mph
• Four-lane and/or divided roadways: 55 mph

Drivers who are caught violating the speed rule for the first offense will be charged $20 and

$25 for subsequent violations. For an offense to be considered subsequent, the violation must have been committed within 24 months before the first offense.

Moreover, an additional $1 per mile is charged for offenders who exceed the speed limit by more than five mph and less than 16 mph. This applies to first-offense violations; an additional $2 per mile is charged for subsequent offenses.

Those who exceed the speed limit by more than 15 mph and less than 20 mph are charged an additional fine of $2 per mile for the first offense and $3 for subsequent offenses.

Reckless Driving

DE Code Title 21, Section 4175 states that drivers who disregard traffic rules and are mindless of the damage they cause to properties constitute reckless driving. Committing such a violation entails legal sanctions based on the severity and frequency of the offense.

For the first offense, offenders are charged fines of $150 but not more than $300. They must also complete a driving course duly approved by the DE DMV and as stipulated in DE Title 21, Section 4177D.

A second offense committed within three years of a prior offense carries a fine of not less than $300 and not more than $800. Offenders may also be required to render community service of at least ten hours but not more than 30 hours.

For a third offense committed within three years of two subsequent offenses, violators are fined not less than $500 but not more than $1000. They may also be required to do at least 30 hours of community service but not more than 90 hours.

How Does Delaware's DMV Point System Work?

The state of Delaware uses a point system, which enumerates the corresponding points that traffic violators may incur based on the severity of their offense. This system is governed by

Division Policy Regulation 2208. This policy intends to reduce road crash incidents by providing problem drivers training opportunities through the Driver Improvement Problem Driver Program.

As such, drivers should know that every violation has its different points. They are as follows:

• Speeding for up to 1-9 mph exceeding the posted limit: 2 points
• Speeding for up to 10-14 mph exceeding the posted limit: 4 points
• Speeding for up to 15-19 mph exceeding the posted limit: 5 points
• Speeding 20 or more mph exceeding the posted limit: 5 points
• Reckless Driving: 6 points

Other violations, such as aggressive driving and operating a vehicle that causes death, correspond to six points. Moreover, disregarding traffic signs may incur a driver a point of three.

To understand the point system in Delaware comprehensively, motorists are advised to refer to the Title 2 Transportation Driver Services on the State of Delaware's official website.

Penalties For Accumulating Points in Delaware Driving Record

As implied, Delaware is serious about promoting proper road behavior by imposing legal provisions to curtail the growing number of offenders.

Thus, the accumulated points earned due to violations entail specific penalties, as reflected in DE Code, Sections 302, 2733(a)(4). When a driver has earned eight points, the DE DMV sends an advisory letter to track the number of moving violations committed by the driver. This implies an additional offense would mean additional marks on the driver's record.

Furthermore, the DE DMV may require offenders to finish an approved driver modification program within 90 days of receiving the notification. Failure to comply would result in a mandatory two-month suspension.

Generally, accumulating 14 points on one's driving record results in a mandatory four-month license suspension. Subsequently, every two points earned extends the suspension by two additional months.

Points Reduction in Delaware Driving Record

As mentioned, Delaware employs a point system to assess driver behavior, with accumulated points that may lead to license suspension or revocation. However, there are avenues to mitigate the impact of these points.

One way is to maintain a good driving record. Good drivers earn a 3-point credit and a 10% insurance reduction that can last for three years.

Another way is to enroll in a defensive driving program at a school duly approved by the DE DMV within three years of the violation. Complying with this requirement subtracts 3 points from the accumulated points caused by violations.

To gain a comprehensive view of the demands of these driving courses, motorists may refer to the Frequently Asked Questions section on the DE DMV online service. If a complaint arises against the driving school of their choice, individuals may address concerns by referring to the How to File Complaint instructions provided by DE DMV.

What Is the Process for Handling Traffic Tickets in Delaware?

Receiving a traffic ticket can be a stressful experience, but understanding the process can help individuals take appropriate action. Delaware offers several options for handling traffic citations, which range from simple payment to contesting the ticket.

A detailed view of the process is outlined below:

Paying the Ticket

Paying a traffic ticket in Delaware means admitting guilt, accepting the penalty, and potentially accruing points on one's driving record. It closes the case but may impact insurance rates. To facilitate this process, the Delaware Courts, under the judicial branch, have provided motorists with various options to settle their financial obligations.

One convenient method is online through the E-Payment tool of the State of Delaware's online services. This tool allows individuals to use credit cards such as Mastercard, Discover, and Visa or electronic checks with the appropriate account and routing numbers. To complete a transaction, offenders must have their ticket or case number and the defendant's last name.

For those who prefer phone payments, the same credit card options are available, though debit cards without Visa or Mastercard logos are not accepted. Motorists must have their ticket number ready and can call 302-739-6911 to process the payment.

Mail-in payments offer additional flexibility, accepting checks, credit cards, or money orders. When using this method, individuals should write the ticket number on the check, make it payable to the "State of Delaware," and send it to the provided address:

State of Delaware - Voluntary Assessment Center

P.O. Box 7039, Dover, DE 19903

Note that mailing cash is not permitted.

For those who prefer in-person transactions, kiosk payments are available using cash, Discover credit cards, debit cards, Visa, or MasterCard. Information on kiosk locations can be found on the Delaware Courts website.

Regardless of the chosen payment method, it is crucial to settle the fine within 30 days of receiving the citation. If motorists are unable to meet this deadline, they should contact the Voluntary Assessment Center at 302-739-6911 for assistance.

Contesting the Ticket

Motorists are required to make careful legal considerations should they opt to contest the citation received. Traffic offenders who were not given voluntary assessment or who have not agreed with the terms of their violations are required to appear before a court. The date and schedule of the court appearance are indicated on the ticket itself.

Moreover, to plead "not guilty," the offender will be asked to sign the appropriate sections marked on the citation. These traffic tickets may be faxed or mailed to the specified court. Receipts for faxed tickets can be obtained by calling 302–739–6911.

Contesting a ticket in court may lead to reduced penalties or fines, and seeking help from traffic attorneys can improve the chances of a favorable outcome. It is crucial to note that most traffic violations are considered criminal offenses, requiring offenders to present all necessary documents, including proof of insurance and tickets, before the court.

If convicted, individuals have the right to appeal within 15 days. The appeal process varies depending on the court of original conviction. In some cases, appeals are only possible if the fine exceeds $100 or imprisonment is imposed, while in others, any conviction can be appealed.

This appeal is typically made to the Court of Common Pleas, which offers an opportunity to review the original decision.

How Are Accident Reports Handled in Delaware?

Understanding the accident reporting process in Delaware is crucial for anyone involved in a vehicular collision in the state. DE Code Title 21, Section 4201 highlights the duty of persons involved in a vehicular accident, especially the need to report incidents resulting in property damage or injury.

Accidents must be reported on the following grounds:

• It causes injury or death to any person.
• The incident happened on a public road that caused damage to properties amounting to $500 or more.
• The driver involved committed a DUI violation, which impaired the physical ability to drive.

Motorists involved must submit the completed accident report form to the DE DMV. The following information must be included in the report:

• A clear description of the incident
• Occupants of the other vehicle
• Driver information
• Witness accounts
• Vehicle damage
• Injuries

How To Get a Copy of a Crash Report in Delaware?

Drivers in Delaware need to have a copy of the crash report. The accident report is critical in insurance claims and potential legal proceedings. Insurance companies rely on the report's details to assess liability and to determine claim payouts.

Similarly, attorneys use the report as evidence to build a case, as it provides crucial information about the accident's circumstances.

To obtain this document, individuals are advised to mail the request to the address below:

The DSP charges different fees for collision reports based on the severity of the incident. For standard collision reports, the fee is $25. However, in cases involving fatal collisions, the report fee increases to $60. Payments should only be made via check or money order and payable to the DSP.

For more inquiries on how to obtain a crash report, individuals may call (302) 739-5931.

What Should Drivers Know about Traffic-Related Arrests in Delaware?

Drivers in Delaware should be aware of several essential points regarding traffic-related arrests to protect their rights and understand potential consequences. As mentioned, they must note that Delaware operates under an implied consent law.

If arrested, drivers have the right to contact an attorney. It is advisable to exercise this right promptly, as legal counsel can guide how to proceed and protect one's interests.

Remember that statements made to law enforcement can be used as evidence, so it's often best to limit communication without a lawyer.

Offenders who cannot afford a lawyer may seek help from Delaware State Courts Legal Assistance. They may also refer to the Office of Defense Services, which has offices in New Castle County, Kent County, and Sussex County.