Delaware criminal defense lawyer Richard Zemble

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More Questions answered about Delaware Motor Vehicle Laws from the State of Delaware Government web site

Q. May I lose my license for too many points?

A: Driver Improvement Problem Driver Program

Purpose: The Driver Improvement Problem Driver Program is designed to identify problem drivers, to change the problem driver's behavior by providing information and training opportunities and, if necessary, to progressively impose sanctions as more convictions/points are accumulated on individuals driving record. This program is governed by Administrative Code 2208 (formerly Division Policy Regulation #45). The goal of the program is crash prevention. The steps in the program are geared to the seriousness of the driving record and may result in an advisory letter, mandatory suspension, and/or completion of a behavioral modification/attitudinal-driving course. A reinstatement fee of $25.00 must be paid to the Division of Motor Vehicles in order to reinstate the license.

Delaware Point System

Violation

Points

Speeding 1-9 miles per hour (MPH) over posted limit

2

Speeding 10-14 MPH over posted limit

4

Speeding 15-l9 MPH over posted limit

5

Speeding 20 MPH or more over posted limit

5*

Passing a Stopped School Bus

6

Reckless Driving

6

Aggressive Driving

6

Disregarding Stop Sign or Red Light

3

Other Moving Violations (contained in Chapters 27, 41, 42 of Title 21)

2
*(May result in additional actions including suspension)

Calculated Points

Calculated points are credited at full point value for the first 12 months from the date of violation. After the initial 12 months have expired, the calculated points will be credited at one-half point value for the next 12 months. All actions are based upon total calculated points within a 24-month period following the offense.

Driver Improvement Problem Driver Program Actions:

Calculated Points

Action Item

8

The Division of Motor Vehicles sends the driver an advisory letter.

12

Driver must complete a behavior modification/attitudinal-driving course within 90 days after notification (unless extended by DMV). Failure to comply or upon preference of the driver, mandatory 2-month suspension will be imposed.

14

Mandatory 4-month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavior modification/attitudinal-driving course within the previous 2 years.

16

Mandatory 6-month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavioral modification/attitudinal-driving course within the previous 2 years.

18

Mandatory 8-month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavior modification/attitudinal-driving course within the previous 2 years.

20

Mandatory 10-month license suspension. To become eligible for reinstatement, he driver must complete or have completed a behavior modification/attitudinal-driving course within the previous 2 years.

22

Mandatory 12-month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavior modification/attitudinal-driving course within the previous 2 years.

Point Credit
A speeding violation of 1 to 14 mph over the posted speed limit will not be assessed points, IF (a) it is the first violation within any three (3) year period and (b) the ticket is paid through the Voluntary Assessment Center. A Delaware driver can receive a 3-point credit by taking a defensive driving course. This credit is applied to a driver's point total with the satisfactory completion of an approved defensive driving course. Defensive driving courses are valid for three (3) years.
Serious Speeding Violations
1. Advisory letter sent to the driver when convicted for speeding 20-24 MPH over the posted speed limit
2. The driver will be suspended for one (1) month when convicted of driving 25 MPH over the posted speed limit. The length of suspension will increase by one month for each additional 5 MPH over the initial 25-MPH threshold. The driver may elect to attend the behavior modification/attitudinal-driving course in lieu of license suspension when driving 25-29 MPH over the posted limit. For speeding 30 MPH over the posted limit or more, the suspension is mandatory.
3. One-year suspension when convicted of driving 50 MPH or more over the posted speed limit or driving 100 MPH on a highway.

Occupational License

The Division may issue an occupational license during the period of suspension under the Driver Improvement Problem Driver Program if the suspension has created an extreme hardship unless the driver is suspended or revoked for other Title 21 convictions. An occupational license shall not be issued if the driver has had 2 previous suspensions under this policy within the previous 3 years or has been issued an occupational license during the previous 12 months. Occupational licenses are not issued during the first month of the suspension. If the calculated point level reaches 15 or more points in a 24-month period, an occupational license will not be issued until the calculated points are less than 15 points. Upon receiving a conviction of any person for a charge of operating a motor vehicle in violation of the restrictions of the occupational license, the Division will extend the period of suspension for an additional like period. The Division will also direct the person to surrender the occupational license.

Driving During Suspension or Revocation

A conviction for driving during suspension or revocation shall extend the period of suspension or revocation for a like period up to one year. No driving authority will be permitted during the balance of the initial suspension or revocation and the extended period. Any driving authority previously issued by the Division must be surrendered. For further information regarding the Driver Improvement Problem Driver Program, please contact the Suspension Section at (302) 744-2509.

Q. How do I request an administrative hearing for a DUI?

A: Administrative Procedures

The driver's license will be taken by the police officer at the time of arrest and a temporary license good for 15 days will be issued. The driver will have 15 days to request an administrative hearing online, in writing by mail or fax, or in person at an office of the Division of Motor Vehicles. The temporary license may be extended at this time if eligible. The license will be revoked at the end of the 15-day period if no hearing is requested.
The Motor Vehicle Administrative Hearing will be held to determine:
1. Whether a police officer had probable cause to believe that the driver was operating a motor vehicle under the influence of alcohol and/or drugs.
2. Whether a preponderance of evidence exists that the driver was driving under the influence. A chemical test of 10% or greater or the presence of any drug is conclusive evidence that the driver was under the influence.
3. Whether the driver refused a chemical test after being informed of the penalty for refusing such a test.
If the driver receives an unfavorable ruling at an administrative hearing, the driver's license will be revoked for:

DUI Offense

Refused Chemical Test

3 months for 1st offense

12 months for 1st refusal

12 months for 2nd offense

18 months for the 2nd refusal

18 months for 3rd offense or more

2 years for the 3rd refusal

 

Page 1 of Richard Zemble DUI Questions Answered.............page 1 of the Delaware Code for DUI / DWI
page 2 of the Delaware Code for DUI / DWI .........Return to Richard Zemble, JD, DUI / DWI page
Return to the Law Office of Richard Zemble home

criminal defense attorney Richard Zemble

The criminal defense law office of Richard Zemble, Attorney at Law, in Wilmington, Delaware, serves the legal needs of his clients in communities throughout all three counties of Delaware, New Castle county, Kent county and Sussex county, including Arden, Bear, Bellefonte, Bethany Beach, Bethel, Bowers, Bridgeville, Camden, Cheswold, Claymont, Clayton, Dagsboro, Delaware City, Delmar, Dewey Beach, Dover, Ellendale, Ellesmere, Farmington, Felton, Fenwick Island, Frankford, Frederica, Georgetown, Greenwood, Harrington, Hartly, Hockessin, Houston Kenton, Laurel, Leipsic, Lewes, Lincoln, Little Creek, Magnolia, Marydel, Middleton, Milford, Millsboro, Newark, New Castle, Newport, Odessa, Ocean View, Pike Creek, Rehoboth Beach, Seaford, Selbyville, Slaughter Beach, Smyrna, Stanton, Townsend, Wilmington, Woodside and Viola. The Richard Zemble law office serves the legal needs of clients from Pennsylvania in Philadelphia, Chester and Delaware Counties and from New Jersey. Zemble is a member of the Delaware Bar, the Pennsylvania Bar and the New Jersey Bar Associations. He also serves clients from Maryland who face criminal charges in Delaware.