Delaware Traffic Ticket Lawyers
In Delaware aggressive driving is one of the more serious traffic violations. The reasoning behind Delaware’s Aggressive Driving Laws, as well as other traffic offense laws, are to ultimately make Delaware roads, highways and interstates safer for those traveling them.
If you have been pulled over for Aggressive Driving in Delaware it is in your best interest to work with a Delaware Aggressive Driving Lawyer. Call me, Wilmington Delaware Aggressive Driving Defense Attorney Brian J. Chapman at 302-455-0505.
Delaware Aggressive Driving Laws
§ 4175A. Aggressive driving.
(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known as aggressive driving.
(b) For purposes of this section, “aggressive manner” shall mean that an individual engages in continuous conduct which violates 3 or more of the following sections:
(1) Section 4107 of this title, relating to obedience to traffic-control devices;
(2) Section 4108 of this title, relating to traffic control signals;
(3) Section 4117 of this title, relating to overtaking on the right;
(4) Section 4122 of this title, relating to driving within a traffic lane;
(5) Section 4123 of this title, relating to following too closely;
(6) Section 4132 of this title, relating to yielding to the right-of-way;
(7) Section 4133 of this title, relating to vehicles entering the roadway;
(8) Section 4155 of this title, relating to use of turn signals;
(9) Section 4164 of this title, relating to stop signs and yield signs;
(10) Section 4166(d) of this title, relating to overtaking and passing school buses;
(11) Section 4168 of this title, relating to speed restrictions; and
(12) Section 4169, relating to specific speed limits.
(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days, or both, and the person shall have their driving privileges suspended for a period of 30 days.
(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving. The Secretary shall administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection (c) of this section.
(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive driving and 1 or more underlying offenses as defined elsewhere by the laws of the State.
What Constitutes Aggressive Driving in Delaware
In the state of Delaware aggressive driving laws are structured to ultimately prevent traffic accidents. Aggresssive driving is not necessarily a single act you can commit. Instead, the charge is the culmination of violating 3 or more traffic crimes simultaneously. Some of these offenses can be:
- Failure To Yield
- Unsafe Lane Change
- Disregarding A Traffic Control Device
- Failure To Stop At Command Of Police Officer
- Following Too Closely
- Passing On A Shoulder
- Speeding Or Excessive Speed
- Driving Penalties/DMV Points
- Passing A Stopped School Bus
- Failure To Signal
Penalties for an Aggressive Driving Conviction
If you are convicted of aggressive driving in Delaware you may be subject to a fine between $100.00-$300.00 and/or 10-30 days in jail. Your driving privileges will be suspended for 30 days. In addition you will also be required to complete a DMV behavior modification class. Since Delaware operates on a point system you will get 6 points on your license. Some secondary penalties are increased insurance premiums, possibly being dropped by your insurance carrier or an inability to get auto insurance.
If you receive a subsequent offense within 3 years the fines will increase to between $300.00-$1,000.00, you will be sentenced to jail for 30-60 days and your driving privileges will be suspended for 30 days.
Contact a Delaware Aggressive Driving Attorney
If you have been charged with aggressive driving in Delaware please contact me, Newark Delaware Traffic Ticket Defense Attorney Brian J. Chapman. I will fight to protect and aggressively defend your rights in an attempt to achieve the most favorable outcome possible and keep any negative legal, professional & financial consequences to a minimum. Please call me at 302-656-2528. Or you can click here to email a New Castle County Traffic Violation Lawyer here.
The Law Office of Brian J. Chapman proudly serves those accused of aggressive driving throughout New Castle County, Kent County, Delaware and Sussex County Delaware. Within these counties he serves all cities, towns & suburbs in including, but no limited to, Wilmington, Newark, New Castle, Bear, Glasgow, Middletown, Smyrna, Dover, Milford, Harrington, Kenton, Little Creek, Seaford, Georgetown, Millsboro, Milton, Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island, Ocean View, Laurel, Delmar and Dagsboro.