Delaware DMV Point System
Under the rules of the Delaware driver point system, convictions of traffic violations within the state result in a specific number of penalty points. Note that a larger amount of DE demerit points are assessed for more serious offenses such as reckless and aggressive driving. Also, in addition to the penalties of the state point system, drivers may also be subject to certain court-set fines and penalties. Read more about driving record points and how to contest traffic tickets in Delaware in the sections below:
- Moving violations and points in Delaware
- Penalties in Delaware
- How to fix a driving record in Delaware
- Disputing a moving violation charge in Delaware
Moving Violations and Points in Delaware
Moving violation points in Delaware are assessed whenever a state court reports a conviction of a traffic violation to the state Division of Motor Vehicles (DMV). The amount of accumulated driving record points varies based on the severity of the violation. Review several infractions that incur driving license penalty points in DE in the following list:
- Speeding 1 to 9 mph over the posted limit: 2 speeding ticket points.
- Disregarding a stop sign or a red light: 3 points.
- Passing a parked school bus: 6 points.
- Driving in a reckless manner: 6 reckless driving points.
Note: For the first 12 months, DE driving points are calculated at their full value. For the next 12 months, the DMV calculates points at ½ of their value.
The amount of demerit points for speeding that drivers receive increases proportionally with the speed at which the vehicle was moving. For example, you will be penalized with four speeding ticket points if you were apprehended for speeding 10 to 14 mph over the limit. Whereas, you will receive five points for speeding in DE If you were traveling at a speed of 15 to 19 mph over the limit.
When issuing corrective measures for the accumulation of careless driving points and other types of points, the division calculates the number of points that were assigned within the last 24 months. A higher point count leads to longer driving license suspensions. If you accrue 12 moving violation points in DE, for example, you are at risk of a two-month credential suspension. Drivers with 24 points on their driver’s records, on the other hand, are penalized with an immediate 12-month license suspension.
Penalties in Delaware
In addition to the Delaware traffic ticket penalty administered by the state DMV, drivers who violate the state motor vehicle laws are also subject to additional court-set traffic violation penalties. Regardless of whether you are punished with DUI penalties or careless driving penalties in DE, you will generally be required to pay a specific traffic ticket fine. The due fine amount varies based on the seriousness of the committed offense. For instance, severe drunk driving penalties and large fines, are issued for driving under the influence (DUI) violations. The DE impaired driving penalties for second-time DUI offenders, for example, include a court-set fine of $750 to $2,500, a jail sentence of minimum 60 days and up to 18 months and an administrative license suspension of 18 months to 30 months. Harsher DWI penalties are issued to repeat offenders. For certain types of moving offenses, drivers may even be required to attend a behavioral modification driving course. As an important part of the reckless driving penalties, motorists who fail to complete this course will be penalized with a suspended license.
How to Fix a Driving Record in Delaware
While drivers are unable to reduce license points in Delaware by completing a state-approved defensive driving course, they can still earn a three-point credit by enrolling in one. The safe driving points earned from a driving safety course in DE are applied to future traffic violations. Note that the certificate of completion of this type of driver improvement course will remain valid for three years.
Motorists wondering how to fix driving records in DE can also utilize another method of avoiding the accumulation of points on license. The state Probation Before Judgment (PBJ) program is often offered by state courts to eligible drivers for purposes of ticket dismissal. You will avoid a conviction and the accumulation of infraction points on your record if you meet the terms and conditions of the PBJ program during your period of probation.
Disputing a Moving Violation Charge in Delaware
Drivers who are wondering how to fight a traffic ticket in Delaware can initiate the process by pleading “not guilty” and requesting a trial with the court that is handling their case. The first step in the procedure to fight a speeding ticket in DE or another type of citation is to sign your ticket and mail or fax it to the address displayed on the citation. After submitting a decision to contest traffic tickets, drivers will be notified of the location, date and time of their trial. To increase your chances of successfully contesting a speeding ticket in DE or another type of citation, carefully compose your testimony and collect any supporting evidence. Drivers who win their case will not receive any demerit points on their driving transcripts, and they will not suffer any additional traffic violation penalties in DE.