JURISDICTION: DELAWARE
This chapter summarizes Delaware State statues related to speed.
General Reference: Delaware Code Annotated
Basis for a Speed Law Violation:
Basic Speed Rule: No person shall drive a vehicle at a speed
greater than is reasonable and prudent under the conditions and
without having regard to the actual and potential hazards then
existing. Speed shall be so controlled as to avoid a collision.
Title 21, §4168(a)
Statutory Speed Limit: 55 MPH on 4 lane roadways and divided highways Title 21,
See Other below. §4169(a)(1)e
50 MPH on 2 lane roadways Title 21, §4169(a)(1)d
25 MPH in either a business or residential district Title 21, §4169(a)(1)a & (a)(1)b
20 MPH at school crossings where signs are in effect during
specific time periods Title 21, §4169(a)(1)c
Posted (Maximum) Speed Limit: I. Based on engineering studies and traffic investigations, the State Department of Transportation may increase or decrease the above speed limits on any particular portion of a highway.(1) Title 21, §4169(b)
II. Based on engineering studies and traffic investigations,
local authorities, within their respective jurisdictions, may
increase or decrease the above speed limits on any particular
portion of a highway. However, the alteration of speed limits on
State maintained highways requires the approval of the Department
of Public Safety. Title 21, §4170(b) & (b)
Minimum Speed Limit: A person shall not operate a motor
vehicle at such a slow speed as to impede the normal and
reasonable movement of traffic. Title 21, §4171(a)
Posted (Minimum) Speed Limit: A minimum safe speed limit on a
highway (or a part thereof) may be established. Title 21,
§4171(b)
Other: No person shall exceed the maximum posted speed limit
which has been established for any bridge or elevated structure.
Title 21, §4173(a)
Adjudication of Speed Law Violations:
Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Title 11, §233(c) and Title 21, §§4168, 4169, 4170, 4171 & 4173
Other:
Sanctions Following an Adjudication of a Speed Law
Violation:
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): I. Sanctions for Violating Speed Rules Except as Noted Below: 1st offense-None Subsequent offense (within 12 months)-10 to 30 days Title 21, §4205(a)
II. Sanctions for Violating Maximum or Posted Maximum Speed Limits (Title 21, §4169 Violations): 1st offense-None Subsequent offense (within 24 months)-10 to 30 days Title 21, §4169(c)(1)
Mandatory Minimum Term: None
Fine:
Amount ($ Range): I. Sanctions for Violating Speed Rules Except as Noted Below: 1st offense-$25 to $115 Subsequent offense (within 12 months)-$57.50 to $230 Title 21, §4205(a)
II. Sanctions for Violating Maximum or Posted Maximum Speed Limits (Title 21, §4169 Violations): 1st offense-$20 Subsequent offense (within 24 months)-$25 Title 21, §4169(c)(1)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: Defensive Driving Course2
Other: Additional Fines: The following additional fines apply for exceeding the maximum or maximum posted speed limit under Title 21, §4169.
I. Exceeding the speed limit by >5 MPH but <16 MPH-1st offense-$1 per MPH over the speed limit Subsequent offense-$2 per MPH over the speed limit Title 21, §4169(c)(2)
II. Exceeding the speed limit by >15 MPH but <20 MPH-1st offense-$2 per MPH over the speed limit Subsequent offense-$3 per MPH over the speed limit Title 21, §4169(c)(3)
III. Exceeding the speed limit by >19 MPH-1st offense-$3
per MPH over the speed limit Subsequent offense-$4
per MPH over the speed limit Title 21, §4169(c)(4)
Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension(2) Title 21, §§302 & 2733(3)
Sanctions Following an Adjudication of a Speed Law Violation:
(continued)
Term of License Withdrawal
(Days, Months, Years, etc.): Not more than 1 year2
Mandatory Minimum Term of
Withdrawal: The suspensions either under the Point System or
for excessive speeding appear to be mandatory.2
Miscellaneous Sanctions
Not Included Elsewhere:
Other Criminal Actions Related to Speeding:
Racing on Highway(4): Misdemeanor Title 11, §233(c) & Title 21, §4172
Sanctions:
Criminal Sanction:
Imprisonment (Term): 1st offense-10 to 30 days Subsequent offense-15 to 60 days Title 21, §4172(d)
Mandatory Minimum Term: None
Fine ($ Range): 1st offense-$25 to $200 Subsequent offense-$50 to $400 Title 21, §4172(d)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension Title 21, §4172(d)
Length of Term of
Licensing Withdrawal: 1st offense-Not more than 6 months Subsequent offense-1 year Title 21, §4172(d)
Mandatory Action--Minimum
Length of License
Withdrawal: 1st offense-1 month Policy
Regulation No. 45 issued under the authority of Title 21, §§302
& 2733 by the Department of Public Safety Subsequent
offense-1 year(5)
Title 21, §4172(d)
Other:
Reckless Driving: Misdemeanor Title 11, §233(c) & Title 21, §4175(a)
Sanction:
Criminal:
Imprisonment (Term): 1st offense-10 to 30 days
Subsequent offense (within 3 years)-30 to 60 days
Title 21, §4175(2)
Other Criminal Actions Related to Speeding:
(continued)
Reckless Driving: (continued)
Mandatory Minimum Term
of Imprisonment: 1st offense-None(6) Subsequent offense (within 3 years)-30 days4 Title 21, §4175(2)
Fine ($ Range): 1st offense-$100 to $300 Subsequent offense (within 3 years)-$300 to $1,000 Title 21, §4175(2)
Mandatory Minimum Fine: 1st offense-$100(7) Subsequent offense (within
3 years)-$300 Title 21, §4175(2)
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension via the Point System2
Length of Term of License
Withdrawal Action: Not more than 1 year2
Mandatory Term of License
Withdrawal Action: The suspensions under the Point System
appear to be mandatory.2
Other:
Careless or Inattentive Driving(8): Misdemeanor Title 11, §233(c) & Title 21, §4176(a)
Sanction:
Criminal:
Imprisonment (Term): 1st offense-None Subsequent offense (within 3 years)-10 to 30 days Title 21, §4176(c)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): 1st offense-$25 to $115 Subsequent offense (within 3 years)-$50 to $230 Title 21, §4176(c)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension via the Point System2
Length of Term of License
Withdrawal Action: Not more than 1 year2
Mandatory Term of License
Withdrawal Action: The suspensions under the Point System
appear to be mandatory.2
Other:
Commercial Motor Vehicle (CMV) Operators(9):
Grounds for Disqualification: A person is subject to
CDL disqualification if, while driving a CMV, they (1) commit 2
"serious traffic violations"(10)
within a 3 year period or (2) commit 3 such violations within a 3
year period. 21 §2612(e)
Period of Disqualification: 2 serious violations
(within 3 years)-60 days 3 serious violations
(within 3 years)-120 days 21 §2612(e)
Period of Mandatory Disqualification: 2 serious
violations (within 3 years)-60 days 3
serious violations (within 3 years)-120 days
21 §2612(e)
1. 1This includes the establishment of different highway speed limits either (1) for different types of vehicles (e.g., persons, who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. Title 21, §4169(b)
2. 2Point System. I. If an offender accumulates 12, 14, 16, 18, 20 or >20 points, their license is suspended respectively for 2, 4, 6, 8, 10 or 12 months. II. The following points are assigned for speeding and speed related violations: One (1) to 9 MPH over the posted limit-2 points; 10 to 14 MPH over the limit-4 points; 15 to 19 MPH over the limit-5 points; 20 MPH over the limit-5 points; reckless driving-6 points; other violations-2 points. III. If an offender completes a defensive driving course, the suspension period my be reduced by 1 or 2 months. However, the minimum period of suspension is 1 month. Policy Regulation No. 45 issued under the authority of Title 21, §§302 & 2733 by the Department of Public Safety
Additional Suspensions. I. For exceeding the speed limit by 25 MPH, a 2 month suspension plus a 1 month for each additional 5 MPH over the initial 25 MPH. II. For exceeding the speed limit by 90 MPH, suspension for 1 year. Policy Regulation No. 45 issued under the authority of Title 21, §§302 & 2733 by the Department of Public Safety
3. 3Title 21, §2733 authorizes the Department of Public Safety to suspend a persons's license based on whether such person is either an habitual, reckless or negligent driver.
4. 4The law prohibits racing, speed competitions, speed contests, drag racing or acceleration contests, et al. Title 21, §4172(a)
5. 5Given the language used in Title 21, §4172(d), this sanction appears to be mandatory.
6. 6The law provides that for a first offense the imprisonment sanction can be suspended. As a result, it would seem that the minimum incarceration sanction for subsequent offenses is mandatory. Title 21, §4175(b)
7. 7Except for incarceration for a first offense, the law provides that the sanctions for reckless driving cannot be suspended. As a result, it would seem that the minimum fine sanction for either a first or subsequent offenses are mandatory. Title 21, §4175(b)
8. 8Operation of "a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing..." Title 21, §4176(a)
9. 9A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. 21 §2603(6)
10. 10A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. 21 §2603(22) & 49 CFR 383.5