If you are issued a traffic violation ticket in Delaware, you probably have a few questions. Depending on the severity of the offense, traffic ticket penalties can range from points on your driving record to the suspension or loss of your license. If your traffic ticket issues points on your driving record, you will most likely also accrue a higher insurance premium. Most traffic violations will have added fines to pay. Contact an attorney at Mattleman, Weinroth & Miller, P.C. to discuss your traffic violation and resolve your traffic matter.
In Delaware, speeding violations will issue points to your driving record, your insurance premiums will rise, and you will pay fines in accordance with the violation.
The Delaware speeding violation point system:
- 1-9 miles per hour over the speed limit is a 2-point violation.
- 10-14 miles per hour over the speed limit is a 4-point violation.
- 15-19 miles per hour over the speed limit is a 5-point violation.
- 20 miles per hour over the speed limit or more is a 5-point violation and may result in additional actions including suspension.
The Delaware Division of Motor Vehicles has a staggered point system. Once you have 8 points they will review your driving record. After 12 points they will call you in for an interview. You could have your license suspended. It could be suspended for two to six months, depending upon the nature of the offense. Points come off of your record after the passage of time. For a first offense, you can take a defensive driving course to avoid the financial burden of having points on your record. You get a three-point credit and a 10% per-year reduction in your insurance premium for taking a certified defensive driving course. You have to notify the Delaware Division of Motor Vehicles when you’ve completed the course.
Ordinarily, we have clients with traffic citations and traffic summons. Most are for speeding, not following traffic devices, not having insurance, not having possession of a driver’s license, or not having the correct registration information. Each offense is listed on the ticket and the court will ordinarily impose the minimum penalties, provided that your traffic history is not significant, you don’t have a large number of points on your record, and don’t have frequent violations for the same offense. Insurance-related offenses come with hefty fines and could result in the suspension of your license. Similarly, driving an unregistered vehicle comes with large fines and the potential suspension of your license. It is possible to plea-bargain those offenses provided that you immediately correct the issue. Rectifying those offenses before the court date will usually ease the penalties issued by the court.
In Delaware, a traffic summons is an order to communicate with the court. This may mean an appearance, but if you go through an attorney, they can communicate with the court on your behalf. Don’t miss court dates or Delaware will automatically issue what’s known as a capias for your appearance, which counts as a warrant. You could be picked up and actually arrested for failing to show up.
Often times, most traffic violations can plead down. Naturally, it’s going to depend upon the nature and number of the charges. In almost every circumstance, the police officers and prosecutors are willing to reduce charges. They will look at an individual’s prior record, the severity of the charge, and some type of reasonable basis for a plea. If the individual, who was initially charged, was courteous and the officer essentially had a respectful response, the chance of getting charges reduced is very high.
In all cases, speaking with an attorney is in your best interest. At Mattleman, Weinroth & Miller, P.C., our attorneys know Delaware traffic laws. We will work diligently to resolve your issue and minimize the impact of the traffic violation to your driving record. We are diligent negotiators and have a great track record at resolving traffic issues.