2016 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 27. DRIVER'S LICENSE
Subchapter IV Penalties
§ 2751. Unlawful application for or use of license or identification card.

21 DE Code § 2751 (2016) What's This?

(a) Fraud in obtaining or attempting to obtain driver's license or identification card. — A person shall not fraudulently obtain or attempt to obtain a driver's license or an identification card by misrepresentation.

(b) Fraud in application for license or identification card. — A person shall not in any application for a driver's license or identification card:

(1) Use a false or fictitious name;

(2) Make a false statement;

(3) Conceal a material fact; or

(4) Otherwise commit a fraud.

(c) Display of canceled licenses. — A person shall not display, cause or permit to be displayed, any canceled license.

(d) Display of revoked licenses. — A person shall not display, cause or permit to be displayed, any revoked license.

(e) Display of suspended licenses. — A person shall not display, cause or permit to be displayed, any suspended license.

(f) Display of fictitious licenses or identification cards. — A person shall not display, cause or permit to be displayed, any fictitious license or identification card.

(g) Display of fraudulently altered license or identification card. — A person shall not display, cause or permit to be displayed, any fraudulently altered license or identification card.

(h) Possession of canceled license. — A person shall not possess any canceled license.

(i) Possession of revoked license. — A person shall not possess any revoked license.

(j) Possession of suspended license. — A person shall not possess any suspended license.

(k) Possession of fictitious license or identification card. — A person shall not possess any fictitious license or identification card.

(l) Possession of fraudulently altered license or identification card. — A person shall not possess any fraudulently altered license or identification card.

(m) Loaning license. — A person shall not lend that person's license to any other person or permit the use of license by another.

(n) Display or representation of license or identification card not one's own. — A person shall not display or represent as that person's own any license or identification card not issued to that person.

(o) Failure or refusal to surrender license or identification card. — A person shall not fail or refuse to surrender to the Department on its lawful demand any license or identification card that has been suspended, revoked, canceled, altered or otherwise fraudulently obtained.

(p) Permitting unlawful use of license or identification card. — A person shall not permit any unlawful use of a license or identification card issued to that person.

(q) Prohibited acts. — A person shall not do any act forbidden or fail to perform any act required by this title.

(r) Penalty. — Unless otherwise specifically provided for in Chapter 31 of this title, an individual who violates this section shall be guilty of a class B misdemeanor and shall have that individual's driver's license and/or driving privileges suspended for a period to be set by the Court, not to exceed 6 months. The foregoing sentence notwithstanding, an individual who violates subsection (d), (e), (i) and/or (j) of this section by possessing or displaying a driver's license that has been suspended or revoked by application of the following statutes shall be guilty of a violation only, provided that the judicial officer adjudicating the charge or charges brought under subsections (e) and (j) of this section has made a factual finding that the defendant was reasonably unaware the driver's license that defendant possessed or displayed had been suspended or revoked:

Title 4, § 904(f)

Title 11, § 2106(c)

Title 11, § 4104(g)

Title 14, § 2730(c)(7)

Title 14, § 4130(e)(1)

Section 314(b) of this title

Section 709(j)(1) of this title

Section 2118(n)(1) of this title

Section 2703(d)(5) of this title

Section 2710(e)(5) of this title

Section 2724(b) of this title.

(s) Hardship license. — When a driver's license and/or driving privileges is suspended pursuant to this section, the applicant shall not be eligible for a conditional license, occupational license, work license or any other type of hardship license during the period of suspension, except that after 60 days of suspension the applicant may be eligible for a work license which shall be strictly limited to commuting to or from the applicant's place of employment and such driving as is a necessary part of the duties of said employment.

36 Del. Laws, c. 10, § 73; 37 Del. Laws, c. 10, § 22; Code 1935, § 5611; 21 Del. C. 1953, § 2741; 62 Del. Laws, c. 237, § 27; 66 Del. Laws, c. 416, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 318, § 1.;

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