Delaware Traffic Violations

Traffic violations are illegal acts committed while a motor vehicle is in motion. Traffic violations in Delaware include misdemeanor traffic offenses (like reckless driving), noncriminal moving violations (like various speeding and signal offenses), and felonies (like fleeing the scene of a deadly crash, higher-tier DUI recidivism) where there are injuries or great risk.

Delaware uses the DMV's Driver Improvement/Problem Driver Program (the "point system") to administer license penalties and organizes the laws primarily in Title 21 of the Delaware Code. Legally (points, suspensions, possible jail time), monetarily (fines, surcharges, insurance), and civically (safety and compliance), it is essential to understand this structure.

What Is Considered a Traffic Violation in Delaware?

Any violation of the state's "Rules of the Road" and associated obligations while driving a vehicle is considered a Delaware traffic infraction. Whereas routine infractions like speeding, failing to yield, and disregarding stop signs or lights are handled as driving violations, more dangerous behavior is criminalized. Examples include driving recklessly (§ 4175) and driving aggressively (§ 4175A), each of which has specific requirements and increasing penalties.

DUI is illegal under § 4177 and is punishable by law as well as by license suspension. Separately, Delaware enforces obligations following an accident; departing the scene of a collision that results in injuries or fatalities, for example, is punishable under § 4202 as a felony (death) or misdemeanor (injury).

Additionally, using a portable electronic device while driving is prohibited in Delaware (§ 4176C). First-time offenders face civil fines, and crucially, § 4176C infractions do not result in motor vehicle points. Delaware Code Online.

Types of Traffic Violations in Delaware

Under Delaware law, drivers may be cited for several types of traffic violations, such as:

• Speeding. Points scale with excess speed: 1–9 mph over (2 points), 10–14 (4), 15–19 (5), and 20+ mph (5 points, with additional sanctions possible).
• Running a red light or stop sign. Typically, a 3-point offense.
• Driving without a license / while suspended.§ 2701 sets penalties; repeat violations can add fines or jail and trigger DMV actions.
• Driving without required insurance. Owners must maintain minimum liability coverage; violations draw significant fines and can suspend the vehicle registration.
• Reckless or aggressive driving. Defined and penalized in§§ 4175–4175A, with possible jail and mandatory courses on recidivism.
• Hit-and-run (leaving the scene). Duties and penalties appear in §§ 4201–4202; penalties escalate when injury or death occurs.
• Failure to yield / other moving violations. Covered across Chapter 41; most are 2–3-point events under DMV’s schedule.
• Distracted driving / handheld device use. Prohibited by § 4176C (civil penalties; no points).

Traffic Violation Penalties in Delaware

After the date of violation, Delaware computes points over 24 months, with full value for the first 12 months and half value for months 13 to 24. Totals are used to escalate administrative actions. Eight points result in an advisory letter; twelve points result in a required behavior adjustment or attitude-driving course (or a two-month suspension if the driver fails or chooses not to participate); fourteen, sixteen, eighteen, twenty, and twenty-two points result in four, six, eight, ten, and twelve-month suspensions, respectively.

Delaware also toughens penalties for excessive speeding: a one-month suspension is imposed for exceeding 25 mph (one month is added for every 5 mph beyond that limit), a suspension is required for over 30 mph, a one-year suspension is imposed for exceeding 50 mph or exceeding 100 mph on a highway.

In addition to offering a 3-point credit (used prospectively for DMV penalty calculations), a state-approved defensive driving course usually entitles participants to a three-year insurance reduction. (The credit does not negate points that have already been accrued.)

Fines, jail, and special regimes

• Aggressive and careless driving are punishable by fines and jail time; aggressive driving also necessitates a behavior rehabilitation program.
• DMV publications describe the suspension and hearing procedures for DUI (§ 4177), which have criminal consequences that increase with previous convictions.
• In addition to registration suspension, non-insurance may result in fines of $1,500 for the first offense and $3,000 for successive offenses.
• Violations of § 4176C pertaining to handheld devices are not point-based and are civil ($100 initially, $200–$300 later within 2 years).

Every new conviction increases the danger of the aforementioned step-up suspensions by posting points that are counted during the 24 months. Some laws also require more suspensions (such as those about aggressive driving and driving while suspended).

How to Search for Traffic-Violation Records in Delaware

You will usually need two systems (sometimes three):

1. Your driving record (MVR) — Delaware DMV. Through MyDMV, you can order a 3-year, 5-year, or complete driving record online, in person, or by mail. Each record costs $25, and a notarized Personal Information Release form is needed for mail requests. Your license status, convictions, point entries (with dates), IDs, and suspension/reinstatement actions are all displayed on your record.
2. Your ticket/case — Delaware Courts. Most traffic tickets are filed in the Justice of the Peace (JP) Courts. Use the Judiciary’s ePayment gateway (via DELJIS) to look up and pay fines with your ticket or case number and last name. You may use CourtConnect for more comprehensive docket searches (such as name-based ones); coverage varies by court and case type, and the clerk is usually asked to provide JP document images.
3. What you’ll typically see.

• MVR: You will find convictions, points, license class/status, and suspensions/reinstatements.
• Court docket/register: You will find the case number, charges (statute cited), settings, disposition, and financials. If you want certified copies, you will need to contact the court clerk.

You can get certified records in person or by mail by visiting any DMV office with identification or by mailing a notarized Personal Information Release form along with the $25 fee.

How Long Do Traffic Violations Stay on Record in Delaware?

Two distinct timelines matter:

• From the date of offense, Delaware calculates points over a rolling 24-month period, with full value in months 0–12 and half-value in months 13 to 24. Letters, classes, and suspensions are examples of administrative actions that are determined by points within that time frame rather than a lifetime total.
• The driver can purchase 3-year, 5-year, and complete histories from the DMV. Drivers themselves, courts, law enforcement, and other motor-vehicle authorities may obtain older information that the division maintains, but most third-party requestors are legally restricted to driver-performance records that are three years old or less. Although underwriting procedures differ, insurers typically rate three to five years of history.