2006 Delaware Code - Subchapter II — Suspension or Revocation

§ 2731. Duty of courts and police officers.

(a) Every court and police officer having jurisdiction over offenses committed under any law of this State regulating the operation of motor vehicles on highways shall forward to the Department a record of the conviction of any person in any court for a violation of any of such laws within 30 days of the disposition of the case and may recommend the suspension of the driver's license of the person so convicted. The Department shall thereupon consider and act upon such recommendation in such manner as it deems best.

(b) The clerk or Prothonotary of every court shall forward to the Department or its successor, a record of the name and address of each convicted person who shall have been sentenced to pay a fine, costs or both a fine and costs and who has failed to pay at the time sentence was imposed or in accordance with an order of the court. Whenever a convicted person who has not paid a fine, costs or both at the time sentence was imposed shall pay, the clerk or Prothonotary shall provide the convicted person with a receipt confirming that the fine, costs or both have been paid so that the receipt may be presented to the Department, or its successor, as notice that the fine, costs or both have been paid.

(c) The voluntary assessment center shall forward to the Department or its successor a record of the name and address of each person who has been given a Uniform Traffic Complaint and Summons on which a voluntary assessment was permitted pursuant to § 709 of this title and who: 1) has failed to pay the voluntary assessment within 30 days from the date of arrest; and 2) has not notified the court or voluntary assessment center with 30 days from the date of arrest, in writing, that the person wishes to have a hearing on the charge stated in the Uniform Traffic Complaint and Summons; or 3) has failed to appear at trial on such charge(s) on the time and date required by the court; or 4) has failed to pay the fine on such charge(s) in accordance with a deferred payment order, the Department or its successor shall: 1) if the person is a resident of this State, forthwith suspend the person's license until the person provides evidence to the Department that the fine has been paid, or that the person has appeared before the court and made arrangements to take care of the charge(s); or has been adjudicated not guilty; and 2) if the person is a nonresident of this State, the Department may suspend the person's driving privileges in this State and immediately advise the motor vehicle administrator of the state wherein the person is a resident that the person's license to drive be suspended until the person provides evidence that the fine has been paid, or that the person has appeared before the curt and made arrangements to take care of the charge(s) or has been adjudicated not guilty. (36 Del. Laws, c. 10, § 66; Code 1935, § 5604; 21 Del. C. 1953, § 2731; 57 Del. Laws, c. 512, § 1; 65 Del. Laws, c. 77, § 9; 68 Del. Laws, c. 388, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 458, § 1; 73 Del. Laws, c. 234, § 4.)

§ 2732. Mandatory revocation or suspension of license.

(a) The Department shall forthwith revoke the license or driving privileges or both of any person upon receiving a record of the conviction, or adjudication of delinquency by Family Court for acts which would constitute such an offense if committed by an adult, of such person of any of the following crimes:

(1)a. Upon a conviction of manslaughter, under § 632 of Title 11, if the manslaughter resulted directly from the use of a motor vehicle, or upon conviction of vehicular homicide first degree, pursuant to § 630A of Title 11, the license or driving privileges or both of the person so convicted shall be revoked for a period of 4 years.

b. Upon a conviction of vehicular homicide second degree, pursuant to § 630 of Title 11, or upon a conviction for criminally negligent homicide if the homicide resulted directly from the use of a motor vehicle, the license or driving privileges or both of any person so convicted shall be revoked for a period of 3 years.

(2)a. Upon conviction for assault first degree, pursuant to § 613 of Title 11 or assault second degree, pursuant to § 612 of Title 11, if the assault resulted directly from the use of a motor vehicle or upon a conviction of vehicular assault first degree, pursuant to § 629 of Title 11, the license or driving privileges or both of any person so convicted shall be revoked for a period of 2 years.

b. Upon conviction for vehicular assault second degree, pursuant to § 628 of Title 11, the license or driving privileges or both of any person so convicted shall be revoked for a period of 1 year.

(3) Driving a vehicle while under the influence of intoxicating liquor or narcotic drug;

(4) Perjury or the making of a false affidavit to the Department under this chapter or any other law of this State requiring the registration of motor vehicles or regulating their operation on highways;

(5) Any crime punishable as a felony under the motor vehicle laws of this State or any other felony in the commission of which a motor vehicle is used;

(6) Conviction or forfeiture of bail upon 3 charges of reckless driving all within the preceding 12 months; but no license shall be revoked by reason of any conviction or convictions upon the charge of overloading any vehicle as provided in § 4502 of this title;

(7) A conviction of a driver of a motor vehicle involved in an accident resulting in the death or injury of another person upon a charge of failing to stop and disclose the driver's identity at the scene of the accident;

(8) A conviction of attempting to flee or elude a police officer after having received a visual or audible signal from the officer as provided in § 4103(b) of this title.

(b) Upon receiving a record of the failure of a convicted person to pay a fine, costs or both as described in § 2731(b) of this title, or to timely complete a course of instruction pursuant to § 4175A or § 4177D of this title, the Department or its successor, shall:

(1) If the convicted person is a resident of this State, forthwith suspend the convicted person's license until the fine, costs or both have been paid, or the court finds that the person has completed the necessary course of instruction and paid all applicable fees; and

(2) If the convicted person is a nonresident of this State, forthwith suspend the convicted person's driving privileges in this State and immediately advise the Motor Vehicle Administrator of the state wherein the convicted person is a resident that the convicted person has failed to pay a fine, costs or both, or to timely complete a course of instruction pursuant to § 4175A or § 4177D of this title, and requesting that the convicted person's license to drive be suspended until the fine, costs or both have been paid, or the court finds that the person has completed the necessary course of instruction and paid all applicable fees.

(c) The Division shall forthwith revoke the license or driving privileges, or both, of any child upon notification by the Family Court of the State pursuant to § 1009 of Title 10.

(d) Upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13, or notice from the Director of the Division of Child Support Enforcement pursuant to § 2216 of Title 13 regarding the suspension of a license because of such person's child support delinquency, the Department shall forthwith suspend such person's commercial driver license or license to operate a motor vehicle. The provisions of §§ 516(g) and 2216 of Title 13 shall supersede any provisions of this title to the contrary with respect to any matter relating to the denial or suspension of a license under § 516(g) or § 2216 of Title 13. The Department shall create and maintain a record showing a suspended driving status for a person whose license is suspended pursuant to this subsection. A license so suspended shall remain suspended until the person obtains written certification from the Family Court or the Director of the Division of Child Support Enforcement or the Director's designee that the grounds for suspension of the license under § 516(g) or § 2216 of Title 13 no longer exist. No occupational license may be issued in any case in which a license has been suspended pursuant to § 516(g) or § 2216 of Title 13.

(e) The Department shall forthwith suspend the license or driving privileges, or both, of any person who has been expelled from a public school upon receipt of notice from the superintendent of schools for the school district in which such school is located, that such person has been expelled. No insurer may increase the premiums charged for, or reduce the coverage provided by, any policy of vehicle insurance, as defined in § 906(a)(1) of Title 18, solely as a result of the suspension of a person's license or driving privileges under this subsection.

(f) The convictions included in subsections (a) and (b) of this section shall be deemed to include convictions for any violation of this title or a local ordinance or regulation substantially conforming to a state statutory provision.

(g) Upon receiving a record that a person has been given a Uniform Traffic Complaint and Summons indicating that a voluntary assessment may be made and that such person: 1) has failed to pay the voluntary assessment within 30 days from the date of arrest; and 2) has not notified the court or voluntary assessment center within 30 days from the date of arrest, in writing, that the person wishes to request a hearing on the charge(s) stated in the Uniform Traffic Complaint and Summons; or 3) has failed to appear at trial on such charge(s) on the time and date required by the court, or 4) has failed to pay the fine on such charge(s) in accordance with a deferred payment order, the Department or its successor shall 1) if the person is a resident of this State, forthwith suspend the person's license until the person provides evidence to the Department that the fine has been paid or that the person has appeared before the court and made arrangements to take care of the charge(s) or has been adjudicated not guilty; and 2) if the person is a nonresident of this State, the Department may suspend the person's driving privileges in this State and immediately advise the motor vehicle administrator of the state wherein the person is a resident that the person's license to drive be suspended until the person provides evidence that the fine has been paid or that the person has appeared before the court and made arrangements to take care of the charge(s) or has been adjudicated not guilty. (36 Del. Laws, c. 10, § 67; Code 1935, § 5605; 46 Del. Laws, c. 53; 46 Del. Laws, c. 187; 47 Del. Laws, c. 145; 47 Del. Laws, c. 393, § 1; 21 Del. C. 1953, § 2732; 57 Del. Laws, c. 225, §§ 1, 2; 57 Del. Laws, c. 512, § 2; 59 Del. Laws, c. 307, § 2; 60 Del. Laws, c. 702, § 3; 63 Del. Laws, c. 429, § 1; 63 Del. Laws, c. 449, § 2; 67 Del. Laws, c. 429, § 5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 4; 70 Del. Laws, c. 452, §§ 5, 6; 71 Del. Laws, c. 216, § 84; 71 Del. Laws, c. 272, § 5; 72 Del. Laws, c. 458, § 2; 73 Del. Laws, c. 234, § 5; 74 Del. Laws, c. 285, § 2.)

§ 2733. Discretionary suspension or revocation of license.

(a) The Department may immediately suspend the license and driving privileges or both of any person without hearing and without receiving a record of conviction of such person of crime whenever the Department has reason to believe that such person:

(1) Has committed any offense for the conviction of which mandatory revocation of license and driving privileges or both is provided in § 2732 of this title, but no license shall be suspended by reason of any conviction or convictions upon the charge of overloading any vehicle as provided in § 4502 of this title;

(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other person or serious property damage;

(3) Is incompetent to drive a motor vehicle or is afflicted with mental or physical infirmities or disabilities rendering it unsafe for such person to drive a motor vehicle upon the highways;

(4) Is an habitual reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws of this State;

(5) Has violated § 2751(a) or (b) of this title;

(6) Has violated § 6702 of this title;

(7) Has violated § 2118A of this title; or

(8) Has violated § 4129 of this title based upon notification of such violation provided by the Department of Transportation to the Department. However, no suspension of driving privileges shall take place if the toll(s), administrative fee and civil penalty has been paid prior to the hearing required under subsection (b) of this section.

(b) Whenever the Department suspends the license of any person for any reason set forth in subsection (a) of this section, the Department shall immediately notify the licensee and afford the licensee an opportunity of a hearing before the Department in the county wherein the licensee resides. Upon such hearing the Department shall either rescind its order of suspension or, good cause appearing therefor, may suspend the license of such person for a further period or revoke the license.

(c) The Department may suspend or revoke the right of any nonresident to operate a motor vehicle in this State for any cause for which the license of a resident operator or chauffeur may be suspended or revoked, and any nonresident who operates a motor vehicle upon a highway when the right to operate has been suspended or revoked by the Department shall be punished as provided in § 2756 of this title.

(d)(1) The Department may suspend or revoke the license of any resident of this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the license of an operator or chauffeur. The Department may, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this State, forward a certified copy of such record to the Motor Vehicle Administrator in the state wherein the person so convicted is a resident.

(2) If the Department takes action pursuant to this subsection because of the receipt of notice of the conviction in another state of a resident of this State for operating a vehicle without insurance, it shall provide the resident with the opportunity to produce for the Department sufficient proof of insurance as determined by the Department showing such insurance to have been in full force and effect at all pertinent times on the day of the occurrence of the offense. If the Department determines that such insurance was in full force and effect at all pertinent times on the day of the occurrence of the offense, the resident's driver's license shall be reinstated without a fee and the notation relating to the Department's action shall be removed from the resident's driving record.

(e) The Department shall not suspend a license for a period of more than 1 year, and upon suspending or revoking any license shall require that such license so suspended or revoked be surrendered to the Department to be retained by it, except that at the end of a period of suspension the license so surrendered shall be returned to the licensee upon payment of the reinstatement fee as provided in § 2737 of this title.

(f) The Department, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license and driving privileges or both of such person is suspended or revoked, shall immediately extend the period of such first suspension or revocation for an additional like period.

(g) In the event of a suspension of a driver's license pursuant to this section, the Department may issue an occupational license during a period of suspension upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant; provided, that the applicant sets forth in said application that the suspension of such license has created an extreme hardship in the conduct of the business usually transacted by the applicant, and that there have been no more than 2 such prior suspensions; provided, however, that no such occupational license shall be issued if the license of the applicant has been suspended for physical and/or mental disability or if the license of the applicant has been revoked for conviction of any of the crimes specified in § 2732 of this title, even though the revocation has created an extreme hardship.

(h) The Department, upon receiving a record of convictions of any person upon a charge of operating a motor vehicle in violation of the restriction imposed upon said occupational license during the period of such occupational license, shall immediately extend the period of such suspension for an additional like period and shall forthwith direct such person to surrender said occupational license to the Department.

(i) Any person whose operator's or chauffeur's license has been suspended and to whom an occupational license has been issued, who drives any motor vehicle upon the highways of this State contrary to the restrictions placed upon such occupational license during the period of such occupational license, upon conviction thereof, shall be fined not less than $25 nor more than $200.

(j) The Department ordinarily may not suspend a license based upon a driving record prior to 2 years before the date of the intended suspension. If at the discretion of the Secretary a longer record period should be considered, a suspension may be based upon such longer driving record period.

(k) The Division shall forthwith suspend the license or driving privileges, or both, of any child upon notification by the Family Court of the State pursuant to § 1009 of Title 10.

(l) The Department may, upon receiving a record, notice or certification of noncompliance by a person for a citation, summons, ticket or other document issued by an arresting officer for violation of a traffic law, ordinance, rule or regulation ordering the arrested motorist to appear, suspend the driver's license and/or driving privileges of the person who failed to comply. The Department shall not have this power of suspension in cases of parking violations. (36 Del. Laws, c. 10, § 68; 37 Del. Laws, c. 10, § 21; Code 1935, § 5606; 43 Del. Laws, c. 247; 46 Del. Laws, c. 121, §§ 1, 2; 47 Del. Laws, c. 393, § 2; 21 Del. C. 1953, § 2733; 53 Del. Laws, c. 89; 54 Del. Laws, c. 261; 54 Del. Laws, c. 273; 57 Del. Laws, c. 126, §§ 1-3; 57 Del. Laws, c. 167; 57 Del. Laws, c. 670, § 11A; 59 Del. Laws, c. 307, § 6; 60 Del. Laws, c. 615, § 1; 62 Del. Laws, c. 261, §§ 1-3; 65 Del. Laws, c. 77, § 5; 68 Del. Laws, c. 406, § 2; 70 Del. Laws, c. 37, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 5; 71 Del. Laws, c. 13, § 1; 74 Del. Laws, c. 235, § 1.)

§ 2734. Appeal.

Any person denied a license or whose license has been revoked by the Department, except where such revocation is mandatory under this chapter, may appeal to the Court of Common Pleas in the county wherein such person resides. In the case of revocation, such appeal shall not operate as a stay. An appeal of a suspension of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13. (36 Del. Laws, c. 10, §§ 59, 69; 40 Del. Laws, c. 38, § 3; Code 1935, §§ 5597, 5607; 21 Del. C. 1953, § 2734; 69 Del. Laws, c. 333, § 2; 70 Del. Laws, c. 452, § 7; 71 Del. Laws, c. 216, § 85.)

§ 2735. New license after revocation; exception.

Except as otherwise provided in § 2732 of this title, a person whose license is revoked under this chapter shall not be entitled to apply for or receive a new license to drive until the expiration of 1 year from the date such former license was revoked. (21 Del. C. 1953, § 2735; 50 Del. Laws, c. 572, § 1; 60 Del. Laws, c. 701, § 70; 63 Del. Laws, c. 429, § 2.)

§ 2736. Notice; evidence of motor vehicle records.

(a) Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license.

(b) Such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person's address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice.

(c) In any prosecution under this chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection (b) of this section may be made by:

(1) The certificate of any officer or employee of the Department;

(2) An affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof; or

(3) A computer generated list of those persons whose suspension and/or revocation notices have been electronically processed through a computer interface system of the Department and a court, such list having been generated electronically at the same time the notice is processed by the computer system.

(d) In the event that 1 of the means of proof of the giving of notice enumerated in subsection (c) of this section is utilized, then it shall be unnecessary for any employee or agent of the department to appear personally in court.

(e) In any prosecution under this Code, a conviction record as maintained in the Division of Motor Vehicles, which has been certified by the Director of the Division of Motor Vehicles, may be admitted into evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein and of the status of that persons' driving license and/or privileges. It shall be unnecessary for any employee or agent of the Department to personally appear for the admission into evidence of such conviction record in any proceeding under this Code. (21 Del. C. 1953, § 2736; 50 Del. Laws, c. 411, § 1; 58 Del. Laws, c. 511, § 46; 69 Del. Laws, c. 368, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 416, §§ 1-3.)

§ 2737. Fee for return of suspended license and/or driving privileges.

Any person whose license and/or driving privileges has been suspended or disqualified shall pay a fee of $25 at the end of such suspension or disqualification for the return of the person's license and/or the reinstatement of the person's driving privileges. (21 Del. C. 1953, § 2737; 57 Del. Laws, c. 94; 60 Del. Laws, c. 387, § 1; 62 Del. Laws, c. 238, § 1; 63 Del. Laws, c. 430, § 9; 64 Del. Laws, c. 13, § 9; 67 Del. Laws, c. 157, § 10; 67 Del. Laws, c. 260, § 1; 67 Del. Laws, c. 270, § 1; 70 Del. Laws, c. 186, § 1.)

§ 2738. Fee for return of revoked license and/or driving privileges.

Any person whose license and/or driving privileges has been revoked shall pay a fee of $143.75 at the end of such revocation for the reinstatement of the person's driving privileges. The above stated fee does not include the fee for the issuance of a new license. (63 Del. Laws, c. 430, § 10; 64 Del. Laws, c. 13, § 10; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1.)

§ 2739. Fee for occupational and conditional license.

Any person whose license and/or driving privileges has been suspended or revoked pursuant to this title and who applies for an occupational license or conditional license shall pay a fee of $10 for such occupational or conditional license. (67 Del. Laws, c. 239, § 1.)

§ 2739A. Suspension resulting from active military duty; reinstatement.

(a) In any case in this or any other jurisdiction in which an operator is charged with an initial driving offense for which a mandatory court appearance is scheduled, and the operator's driving license is suspended in this State by the Division of Motor Vehicles for failure to appear at the scheduled hearing, the operator shall not be convicted of a subsequent violation of § 2701(b) or § 2756 of this title if, prior to conviction on the subsequent offense, the operator shall produce to the court in which the subsequent offense is to be tried military orders establishing that the operator was on active military duty, without authorized leave, at a location that precluded attendance at the hearing of the initial offense, and proof positive of payment or other complete disposition of the initial offense.

(b) In the event of dismissal or withdrawal of the charge under § 2701(b) or § 2756 of this title under the circumstances set forth in subsection (a) of this section, the Division of Motor Vehicles shall reinstate or lift the suspension on the license of the operator upon receipt of proof of such dismissal or withdrawal of the charges. Such proof may be in the form of notice from the court or prosecuting official or other information satisfactory to the Division. Any fee that would otherwise be required for such reinstatement shall be waived.

(c) In the event that no subsequent charge has resulted from the suspension, upon presentation to the Division of Motor Vehicles of the same material set forth in subsection (a) of this section, the Division shall reinstate or lift the suspension on the license of the operator. Any fee that would otherwise be required for such reinstatement shall be waived. (74 Del. Laws, c. 30, § 1.)