Delaware Traffic Violation Records

Traffic violation records in Delaware are maintained by the Delaware Division of Motor Vehicles (DMV). Certain other traffic records are also maintained by the courts in the state. These records include traffic violations, convictions, and penalties incurred. A significant portion of traffic violation records in Delaware are speed limit violations. About 9.65% of drivers in the state have a previous speeding violation on their driving records. In order to ensure that traffic violations, including speed limit violations incidents are minimized, Delaware uses a demerit point system to penalize traffic violators. Accumulating too many points can lead to penalties such as mandatory driver education courses and license suspension.

Are Traffic Violations Records Public in Delaware?

Traffic violation records maintained by the Delaware Division of Motor Vehicles (DMV) are open to the public. These records include information about a driver's history, such as traffic violations and convictions. In addition, court records maintained by the justice of the peace courts and courts of common pleas related to traffic violations, such as case dockets and judgments, are also generally accessible to the public via the Delaware court system.

Note that access to the personal and sensitive information contained in traffic records is restricted to protect individuals' privacy. Under the federal Driver's Privacy Protection Act (DPPA), personal information from DMV records may not be disclosed without the individual's consent, except under specific circumstances such as for law enforcement purposes, court proceedings, or by authorized entities like insurance companies.

How To Look Up Traffic Tickets in Delaware?

You may look up traffic ticket information online through the Delaware ePayment portal. To conduct a lookup, your ticket or case number and your last name will be required. You may also use the Delaware Courts Judicial Case Database to look up traffic ticket information by providing the case ID and party name. Additionally, Delaware traffic ticket information is available via third-party sources, such as PublicRecords.us.

Where Do I Pay Traffic Violations?

Traffic violation fines in Delaware may be paid via multiple means, including the following:

• Online: Payment may be made online via the Delaware ePayment portal using a credit card or electronic check. Your ticket number or case number and your last name.
• Phone: You may pay online using a credit or debit card over the phone at (302) 739-6911.

• Mail: Mail a check, money order, or credit card (fill in the card information on your ticket-in) to:

  State of Delaware

  Voluntary Assessment Center

  P.O. Box 7039

  Dover, DE 19903

  If paying by check or money order, include the ticket number on it and make it out to "State of Delaware."

• At an approved Kiosk: You may pay a traffic fine at a kiosk location using cash or by MasterCard, VISA, or Discover credit card or debit card. You will need the case number, ticket number, and the last name of the defendant.
• In Person: Payment for traffic cases may be made in person to the court handling the matter.

How Much Does It Cost To Request Your Driving Records Online?

You may obtain your Delaware driver record online, by mail, or in person. Online access is available through your MyDMV account on the Delaware DMV website. If you do not have a myDMV account, you must create one to submit a driving record request. In-person requests for a driving record may be made at any Delaware DMV office. For a mail request, you must send a completed and notarized (with a seal or stamp) Personal Information Release Form, a stamped self-addressed envelope, and the appropriate fee to the address stated on the form.

The Delaware DMV issues 3-year, 5-year, and lifetime driving records. The driving record costs $25 and includes details such as license history, traffic violations and convictions, out-of-state violations, driver improvement actions, and reported accident history.

What Are Moving and Non-Moving Violations in Delaware?

Moving violations in Delaware are traffic violations that occur while the vehicle is in motion and typically affect traffic safety. Examples include:

• Speeding
• DUI
• Improper lane change
• Following too closely
• Running a red light or stop sign
• Reckless or aggressive driving

The penalties for moving violations typically include fines, points on a driver's license, license suspension, insurance premium increases, and potentially jail time for serious offenses like reckless driving and DUI.

Non-moving violations occur when the vehicle is not in motion and include parking violations, driving without proof of insurance, vehicle equipment violations, expired vehicle registrations, and obstructing traffic.

Fines for non-moving violations may be lower than those issued for moving violations. However, no demerit points are typically added to driving records for non-moving violations. Depending on the nature of the offense, non-moving violations may also be punished with vehicle towing or immobilization.

How Long Does a DUI Stay on Your Record in Delaware?

DUI sentences remain on your Delaware driving records for a minimum of five years. Delaware's drunk-driving arrest rates are low at 35 per 100,000 drivers. However, annual drunk-driving road fatalities are estimated at about 5 per 100,000 drivers.

The following penalties apply for DUI convictions in Delaware:

• First-Time DUI Offense
• Fines: $500 to $1,500
• Jail Time: Up to 12 months (often suspended for first-time offenders)
• License Revocation:
• BAC under 0.15%: 12 months
• BAC between 0.15% and 0.19%: 18 months
• BAC of 0.20% or higher, or refusal to submit to testing: 24 months
• Mandatory Programs:
• Alcohol evaluation and completion of a treatment or rehabilitation program
• Installation of an Ignition Interlock Device (IID) for a specified period
• Second DUI Offense (Within 10 Years)
• Fines: $750 to $2,500
• Jail Time: Mandatory minimum of 60 days up to 18 months
• License Revocation:
• BAC under 0.15%: 18 months
• BAC between 0.15% and 0.19%: 24 months
• BAC of 0.20% or higher: 30 months
• Mandatory Programs:
• Completion of an alcohol treatment program
• Installation of an IID for the duration of the license revocation period
• Third Offense (Classification: Class G Felony)
• Fines: $1,000 to $3,000
• Jail Time: 1 to 2 years (minimum of 3 months mandatory)
• License Revocation: 36 months
• Fourth or Subsequent Offense (Classification: Class E Felony)
• Fines: $2,000 to $6,000
• Jail Time: 2 to 5 years (minimum of 6 months mandatory)
• License Revocation: 60 months
• Mandatory Programs:
• Completion of an intensive alcohol treatment program
• Installation of an IID for the duration of the license revocation period

Note that first-time offenders may be eligible for the First Offense Election (FOE) program, which allows them to avoid a criminal conviction by completing certain requirements. However, eligibility is subject to specific criteria, such as no prior DUI convictions and a BAC below 0.15. Also, under the implied consent law, refusal to submit to a chemical test results in automatic license revocation:

• First refusal: 12 months
• Second refusal: 18 months
• Third or subsequent refusal: 24 months

What Are the Penalties for Breaking the Speed Limit in Delaware?

Speed restriction laws are codified under Chapter 41 of Title 21 of the Delaware Code. Under these laws, except where otherwise posted, the following are the prima facie speed limits in the state:

• 25 miles per hour in business districts
• 25 miles per hour in residential districts
• 20 miles per hour in school zones
• 50 miles per hour on 2-lane roadways
• 55 miles per hour on 4-lane roadways and divided roadways

Speeding violations in Delaware come with escalating fines and consequences based on how far over the limit a driver was traveling. These fines include the following:

• Standard Fines
• First offense: $20 fine
• Subsequent offenses: $25 fine

Additional Fines Based on Excess Speed

• 5-15 mph over the limit: $1 per mph ($2 per mph for repeat offenses)
• 15-20 mph over the limit: $2 per mph ($3 per mph for repeat offenses)
• 20+ mph over the limit: $3 per mph ($4 per mph for repeat offenses)

Work Zone Violations

• Fines double for speeding in road work and construction zones.

In addition, speeding violations attract the addition of demerit points on driver records, such as:

• 1-9 mph over the limit: 2 points
• 10-14 mph over: 4 points
• 15-19 mph over: 5 points
• 20 mph or more over: 5 points

Driving at 90 mph or more is automatically considered reckless driving in Delaware. Penalties include a fine of between $150 and $300, completion of a traffic safety course, or both for a first offense. Subsequent offenses attract increased fines and potential imprisonment. Reckless driving also attracts the addition of 6 points on a driving record.

Accumulating 8 points will cause the Delaware DMV to send an advisory letter to the driver, while a driver who accumulates 12 points must complete a behavior modification or attitudinal driving course within 90 days of notification. Failure to comply, or upon the driver's preference, results in a mandatory 2-month driver's license suspension.

How Long Does a Speeding Ticket Stay on Your Record in Delaware?

A speeding ticket remains on your driving record in Delaware for three to five years.

How To Appeal A Traffic Ticket?

If you plan to represent yourself in a Delaware court for a traffic case, you may use the following defenses:

• Challenge the Officer's Observations: You may argue that the officer misinterpreted the situation. For example, if you were cited for running a red light, you may argue that you had already entered the intersection legally before the light changed. This defense often relies on presenting witness testimony, photos, or dashcam footage to challenge the accuracy of the officer's account.
• Dispute the Accuracy of Speed Detection Devices: Speeding tickets in Delaware are often based on radar or LIDAR readings. You may challenge the ticket by questioning whether the device was properly calibrated and maintained or whether the officer was adequately trained to use it.
• Argue Necessity or Emergency: This defense admits the violation but argues it was done out of necessity to prevent greater harm. For instance, if you briefly exceeded the speed limit to avoid being hit by an aggressive driver or to move out of the way of an emergency vehicle, the court may consider that a justifiable act.
• Prove Improper or Inadequate Signage: If you can show that traffic signs such as speed limits or stop signs were missing, blocked, poorly placed, or not visible under normal driving conditions, your case may be dismissed.
• Challenge Identity or Involvement: In some cases, especially involving red-light camera or toll violations, you may argue that you were not the driver, or that your vehicle was not involved. For example, if someone else was driving your car, or if your license plate was cloned or misread, you may present evidence to clear your name.

However, representing yourself may not be the best option in all traffic violation cases. You should consider hiring an experienced traffic attorney in Delaware if:

• You are facing a serious violation, like reckless driving, DUI, or driving with a suspended license.
• You already have points on your license, and another violation may cause a license suspension.
• You are a commercial driver, and a conviction will likely impact your livelihood.
• You were involved in an accident and received a ticket

How To Resolve an Out-of-State Traffic Ticket?

Delaware participates in two major interstate agreements that govern how traffic violations are handled across state lines: the Driver License Compact (DLC) and the Nonresident Violator Compact (NVC). If a driver whose home state is Delaware travels outside the state and commits a traffic violation in the travel state, Delaware will be notified, and the violation may be recorded on their Delaware driving record. Similarly, if a Delaware driver receives a ticket in another NVC member state and fails to respond or pay the fine, the issuing state may notify Delaware. Consequently, Delaware may suspend their driver's license until the matter is resolved.

If you have received a traffic ticket in another state, you may resolve it by:

• Contact the Court or Agency: Visit the website of the court or agency that issued the ticket to confirm the available resolution options. Some states allow online payments, while others require in-person or mailed responses.
• Submit a Written Explanation: In certain states, drivers may contest a traffic ticket without appearing in court by submitting a written defense. If this option is available, you may send a formal statement explaining the circumstances of the violation and presenting any supporting evidence. The court will review your submission before making a decision.
• Hire a Local Attorney: If you cannot return to the state where the ticket was issued, you may be able to authorize a licensed attorney in that state to represent you in court. The attorney will present your case, respond to the charges, and handle all legal matters related to the citation.

How Do Delaware Traffic Laws Differ From Other States?

Traffic laws are commonly shared among all states in the U.S. However, Delaware makes slight modifications or some of the common traffic laws in the country. Examples of unique traffic laws in the state include the following:

• Passing a stopped school bus in Delaware results in 6 points on your license and can lead to license suspension.
• Delaware requires headlights to be on when windshield wipers are in use, regardless of the time of day.
• Delaware calculates additional speeding fines per mile per hour over the posted limit, depending on the level of excess and the offense number.
• Only learners and passengers under 19 are required to wear helmets, although all riders must carry a helmet.