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Traffic Violations in Delaware

The State of Delaware dedicates a section of its code to regulating road usage and deterring road users from committing illegal or unsafe acts. Anyone who violates such provisions breaks the law and can be arrested or cited for a traffic violation. Driving under the influence (DUI), disobeying a stop sign/red light, improper U-turn, driving without insurance, and driving without a license are a few traffic violations that occur in Delaware.

In many cases, a traffic violation will trigger a ticket or summons, not an arrest. Law enforcement typically only makes an arrest when an offense occurs in their presence, is a major violation, or threatens public safety. Typically, records of these offenses are included in Delaware traffic records.

Nevertheless, no matter how one gets charged with a traffic violation, the result is that the individual will have to face legal and administrative penalties from the Delaware courts and the Division of Motor Vehicles (DMV), respectively. These penalties include fines, imprisonment, license suspensions, violation points, vehicle impoundment, probation, community service, and more. However, the courts often impose minimum sentences on traffic offenders unless someone has a history of traffic violations or is a habitual offender.

Apart from the legal ramifications of a traffic violation, an individual may also have to suffer other hardships for their offense. For instance, the expenses associated with a traffic violation may substantially affect one's finances and personal relationships. The violation can also jeopardize a person's employment, especially when it relates to their job description. Finally, a traffic violation can cause an increase in one's insurance premiums.

Types of Traffic Violations in Delaware

On any given day, several traffic violations occur in Delaware. Although each violation is unique to its type and consequences, it is possible to fit an offense into specific categories. One is by the severity (i.e., whether the offense is a criminal/major or civil/minor), and the other is with regards to a motor vehicle's functionality at the time the offense occurred (i.e., whether the vehicle was moving or not).

Moving traffic violations refer to offenses committed when a vehicle is in motion. Examples include following too closely, speeding, improper turning, and driving under the influence.

Meanwhile, non-moving traffic violations mainly consist of parking offenses and equipment (mechanical) violations, but some offenses occur even when a vehicle is moving. Examples include driving without child restraint or a seat belt, parking within 20 feet of a crosswalk or the driveway entrance to any fire station, defective windshield wipers, bad brakes, etc.

Compared to non-moving violations, moving violations attract harsher penalties from the Delaware courts and license restrictions from the Division of Motor Vehicles as they endanger the lives and safety of other people.

Delaware Traffic Violation Code

Title 21: Motor Vehicles of the Delaware Code holds the state's traffic violation statutes. Apart from regulating motor vehicle registration, operation, safety, and liability in the state, title 21 (also referred to as the Delaware Motor Vehicle Code) describes driving-related/traffic offenses and their penalties.

Delaware Felony Traffic Violations

A felony traffic violation is the most severe traffic offense that a person can be accused of in Delaware. In almost every situation, someone convicted of a felony violation will suffer a lengthy prison sentence and a hefty fine. Also, the offender's driving privileges will most certainly be revoked.

However, in several cases, Delaware traffic violations are not felonies from the start. Most offenses begin life as misdemeanors. Then, with an individual's subsequent offense or the presence of an aggravating factor, they become felonies.

One familiar example is a DUI (driving a vehicle while under the influence of drugs or alcohol). Naturally, a DUI in Delaware is a misdemeanor when it is a first or second offense. A first-time DUI offender will be liable to pay a fine of up to $1,500 and serve a term of imprisonment not exceeding 12 months. For a second offense within 10 years, the punishment will be a fine not above $2,500 and an incarceration sentence of at least 60 days but not more than 18 months.

However, for a third offense occurring at any time, the DUI will be prosecuted as a Class G felony. The implication is that an individual will be ordered to pay a fine not exceeding $5,000 and spend time in prison for at least one year but no more than two years.

As a person keeps committing DUIs in the state, the penalties will be augmented. At the end of the day, the individual can even be charged with a Class C felony (a fine up to $15,000; imprisonment not below 5 years nor above 15 years) for their crime, as provided in 21 Del. C. § 4117(d).

Delaware Traffic Misdemeanors

Certain traffic offenses that occur in Delaware are considered misdemeanors. These offenses have lesser penal and administrative license consequences than those classified as felonies but are regarded more seriously than infractions.

As a result, anyone found guilty of a traffic misdemeanor in Delaware typically sustains a jail sentence that does not pass a year, among other penalties. The person will also be fined for the crime, although the fine amount will usually not exceed $2,300. However, these fine and incarceration sentences can be enhanced for repeat offenders.

For instance, an individual who commits the crime of joyriding (driving a vehicle without the owner's consent) is subject to a fine not less than $115 nor more than $575 for a first offense. The offender is also liable to a term of imprisonment of no more than 90 days. However, for each subsequent offense, the minimum fine is increased to $230 and the incarceration sentence to no less than 30 days or more than 2 years (21 Del. C. § 6702).

Below are some other traffic misdemeanors in the state:

  • Aggressive driving
  • Operation of a motor vehicle causing death
  • Operation of a vehicle during an emergency (2nd or subsequent offense)
  • Reckless driving
  • Driving under the influence (1st or 2nd offense)
  • Leaving the scene of a collision
  • Driving without valid insurance
  • Driving while suspended or revoked
  • Driving after judgment prohibited

Delaware Traffic Infractions

Traffic infractions are minor, non-criminal offenses committed by motorists, pedestrians, bicyclists, and other road users. In Delaware, people cited for infractions are not subject to a term of imprisonment, but they incur civil penalties like fines, license suspensions, and demerit points (if the offense was a moving violation). Speeding, inattentive or careless driving, running a red light, disregarding a stop sign, texting and driving, and following too closely are examples of traffic infractions in Delaware.

Delaware Traffic Violation Codes and Fines

The fines for motor vehicle and traffic violations in Delaware are established by law and, at times, the court's rules. These fines vary according to a person's offense and include other fees and costs. For example, an individual who obtains a speeding ticket for the first time may be expected to pay money to the state of Delaware (or contest the ticket). The total fine will include the statutory amount (that stated by law) and court costs but will likely contain sums payable to the following funds:

  • Delaware Criminal Justice Information System (DELJIS) Fund
  • Victims Compensation Fund (VCF)
  • Videophone Fund
  • Ambulance Fund
  • Transportation Trust Fund Assessment
  • Court Security Fund
  • Fund to Combat Violent Crimes

Typically, the fines assessed for minor traffic violations in Delaware are considerably smaller than those for major traffic violations. As such, someone charged with the former will only pay a few hundred dollars to settle their case. This amount increases with repeat violations, however.

For example, the fine for following too closely (or tailgating) ranges from $28.75 to $75 for the first offense. For each subsequent offense within two years, the minimum fine is raised to $57.50 and the maximum to $95 (21 Del. C. § 4123). It is worth noting that the base fine established by statute for minor violations is usually not below $25, excluding other costs.

On the other hand, people fined for major traffic violations usually end up paying thousands of dollars for their crimes, among other repercussions.

Delaware groups major traffic violations into misdemeanor and felony offenses, and these offenses are further organized into classes, which determines how severe the court's sentences, e.g., fines, will be. Thus, a traffic violation can be charged as Class A, B, or unclassified misdemeanor, and an offender may pay up to $2,300 for breaking the law. Meanwhile, a felony traffic violation can be prosecuted as one of seven classes (Class A to G). Unlike misdemeanors, the law does not specify a maximum fine amount for the felony classes.

How to Pay a Traffic Violation Ticket in Delaware

Anyone cited for defying a traffic law in Delaware must first identify the ticket type: voluntary assessment or mandatory appearance. This influences how they can pay it and the state agency with the legal authority to receive the payment. The payment information will be written on the front of the ticket.

If the ticket mandates a court appearance or the offender is under 18, the individual must attend court on the date and time written on the ticket (an adult must accompany any underage offender). It is not possible to pay/resolve mandatory appearance tickets remotely.

However, if the ticket issued is a voluntary assessment, it must be paid (in US dollars) to the Justice of the Peace Court's Voluntary Assessment Center within 30 days of the violation date. Payment can be made using these means:

  • Fax: An individual can fax a copy of the ticket with their credit card information (included where indicated) to (302) 739-7590.
  • Phone: To pay via phone, the offender must call (302) 739-6911 within business hours (Monday to Friday, 8:00 a.m. to 4:00 p.m.). It is crucial to have a copy of the ticket to provide its number and other necessary information to the clerk.
  • Mail: An offender can mail a copy of their ticket plus a check, money order, or credit card information (written on the ticket where specified) to the address below:

State of Delaware
Voluntary Assessment Center
P.O. Box 7039
Dover, DE 19903

Note that the center does not accept cash via mail, and an individual will need to send a self-addressed stamped envelope as well if requiring a receipt. Furthermore, if opting to pay by check or money order, the ticket number should be written on it, and it should be addressed to the State of Delaware.

  • Online: In Delaware, cited road users can pay their voluntary assessment tickets online using the ePayment portal. All required to retrieve tickets from the system is a person's case number or citation number and last name (though this is optional). After locating a ticket, an individual can pay for it with a credit card (Visa, MasterCard, or Discover) or by electronic check.
  • In-person: An individual may also visit their nearest Justice of the Peace Criminal Court to pay a voluntary assessment ticket.
  • At the kiosk: The last option is to pay for the ticket at a kiosk. The prospective payer must have the case number or ticket number and the offender's last name. The individual can pay the ticket with a credit/debit card (Visa, MasterCard, or Discover) or cash.

Most traffic violation tickets issued in Delaware are payable to the Voluntary Assessment Center. However, a ticket may be payable by mail, fax, or in-person to an Alderman's court or a town/city's parking department if the offense was committed within a municipality.

Ultimately, paying a traffic ticket in Delaware means that the violation may appear on the offender's driving record. Also, the Division of Motor Vehicles will assess driving record points for moving violations unless:

  • The offender has not been convicted of a speeding violation within the last three years;
  • The offender's ticket was issued for speeding 1 to 14 mph above the posted limit; and
  • The accused is a first-time offender who qualified for probation before judgment and satisfied the court's requirements.

When unable to pay the total ticket fine, an individual is encouraged to request a payment plan from the court. If the ticket is lost, the affected party can call the Voluntary Assessment Center at (302) 739-6911 or contact the appropriate Alderman's court (if ticketed in a municipality). Ignoring the ticket altogether leads to additional fines and further sanctions, like the suspension of one's driver's license.

Traffic Violation Lookup in Delaware

Delaware residents and other members of the public can look up traffic violations in Delaware via centralized databases, regardless of the court with jurisdiction over an offense.

Typically, to find traffic violation tickets, an individual can search the state courts' ePayment system using criteria such as a case number or ticket/summons number. An offender's last name can also be used to filter results. If the ticket was for illegal parking in a municipality, the search can be carried out on the relevant Alderman’s court’s parking ticket payment portal, if provided.

Furthermore, information about a civil traffic violation proceeding held in the Court of Common Pleas and Justice of the Peace Court may be retrieved via CourtConnect, the state judiciary's civil case search system. A court clerk may also be able to provide information about a traffic violation.

Lastly, if searching for a list of traffic violations that occurred in Delaware or were reported to the state, an individual can order their driving record from the Division of Motor Vehicles.

How to Plead not Guilty to a Traffic Violation in Delaware

Pleading not guilty to a traffic offense in Delaware means that a person disagrees with the facts alleged or denies responsibility for the violation. When an individual enters a plea of not guilty in the state, the court will set the matter for trial. The individual (now the defendant) will be expected to provide evidence to support their case on the trial date or face the consequences of a guilty conviction.

The procedure for pleading not guilty in Delaware depends on the court that has jurisdiction over the offense and whether a person received a voluntary assessment ticket or one requiring a court appearance.

An individual whose ticket mandates a court appearance can enter the not guilty plea at their arraignment. On the other hand, an individual with a voluntary assessment ticket must sign the ticket and mail or fax both sides of it to the address or fax number indicated on the ticket. If using fax, the party must also contact the Justice of the Peace Court's Voluntary Assessment Center at (302) 739-6911 to verify that the plea was received. After entering a not guilty plea, the defendant will be informed of the date, time, and location of their appearance in the Justice of the Peace Court or Court of Common Pleas.

However, if the Alderman's court has jurisdiction, the prospective defendant should contact the court for plea procedures or check the court's website. The instructions for pleading not guilty will also be written on the traffic violation ticket.

Generally, to enter a not guilty plea in the Alderman's court, an individual must contact the court before the due date on the ticket to schedule an arraignment (the not guilty plea will be entered at this hearing). After the arraignment, the case will go to trial.

Some courts, like the City of Newark Alderman's Court, may provide a form to plead not guilty without appearing for an arraignment. After which, the defendant will be expected to appear on the date set for trial. While others, like the Town of Bethany Beach Alderman's Court, may require the offender to write or call the court to schedule an arraignment and a trial. Still, the Alderman's court may hold the arraignment and accept the plea but transfer the case to a higher court's docket for trial, like in the case of the Town of Newport Alderman's Court.

What Happens if You Plead No Contest to a Traffic Violation in Delaware

When someone pleads no contest (or nolo contendere) to a traffic violation in Delaware, it means that the individual accepts the charge(s) brought against them but none of the responsibility for the crime committed. The outcome of a no-contest plea is that the accused will receive the penalties associated with a guilty plea, but their plea cannot be used against them in subsequent criminal or civil proceedings.

However, people whose traffic violations led to a voluntary assessment ticket (i.e., a non-criminal traffic violation) cannot enter a plea of no contest. This option is available mainly to those whose violations mandated a court appearance.

How Long Do Traffic Violations Stay on Your Record?

Holders of Delaware driver's licenses are liable to have moving traffic violations listed on their driving records and points added to their licenses if they break motor vehicle laws in the state or another jurisdiction. The effect of license points is that an accumulation leads to the withdrawal of one's driving privileges. Whereas traffic convictions, including out-of-state convictions, will be available to the public and, consequently, employers and insurance companies.

People cannot remove points or convictions from their driving records in Delaware, despite taking a certified defensive driving course. (A defensive driving course earns an individual a three-point credit, which is valid for three years and can only be applied to subsequent traffic violations and in discounting insurance premiums.)

Ordinarily, when a licensed driver incurs points from the Delaware Division of Motor Vehicles (DMV), the points will remain on the individual's record for 12 months from the violation date. After the first 12 months pass, the DMV will recalculate the points at one-half value for the next 12 months. For instance, if someone incurs 8 points for a moving violation, the DMV will drop them to 4 after 12 months. However, while half the points added to a Delaware driver's license for a violation expire after 12 months, it does not mean that all points eventually will.

Can Traffic Violations Be Expunged/Sealed in Delaware?

Typically, no. According to 11 Del. C. § 4372(f), Title 21 offenses (traffic violations) cannot be expunged in Delaware. However, the law exempts the following traffic convictions:

  • Reckless driving
  • Operation of a motor vehicle causing death
  • Driving after judgment prohibited

To get any of the above expunged in Delaware, the subject of the criminal record must meet certain conditions. For example, the party must not have pending criminal charges or court sentences (probation, parole, or incarceration). The individual must not also owe fines, fees, or restitution in respect to the conviction to be expunged, nor should they have received an expungement for a felony conviction if the new expungement relates to a felony.

Prospective petitioners can obtain information about the state's expungement procedures (eligibility requirements, forms, costs, etc.) from the judiciary's Expungement/Pardon of Criminal Record page. The APEX program funded by the Division of Vocational Rehabilitation and Division of Social Services is also an excellent resource.

What Happens if You Miss a Court Date for a Traffic Violation in Delaware?

People who promised or were ordered to appear for a traffic violation in a Delaware court are generally advised to keep their court dates, as missing this date only causes the imposition of further charges and penalties.

A failure to appear is considered a serious offense in Delaware, even more so than the original traffic offense in some instances. For this reason, an individual may encounter an arrest warrant, imprisonment, additional fines, and the suspension of their driver's license for skipping a court date. Furthermore, if someone requested a hearing for a civil traffic offense and failed to appear, the court can enter a default judgment against the individual.

Therefore, to avoid the consequences associated with a failure to appear, an individual who finds that their scheduled court date is unattainable should contact the clerk for a new date. If the date has already passed, one should consider speaking to an experienced attorney to find ways to resolve the situation.