Information Regarding Violations
Purpose:
The Driver Improvement Problem Driver Program is designed to identify problem drivers, to change the problem driver’s behavior by providing information and training opportunities and, if necessary, to progressively impose sanctions as more convictions/points are accumulated on individuals driving record. This program is governed by Division Policy Regulation 2208. The goal of the program is crash prevention. The steps in the program are geared to the seriousness of the driving record and may result in an advisory letter, mandatory suspension, and/or completion of a behavioral modification/attitudinal-driving course. If suspended as a result of the Problem Driver Program, a reinstatement fee must be paid to the DMV in order to reinstate the license.
Delaware Point System
| Violation | Description | Points |
|---|---|---|
| Speeding | 1 – 9 miles per hour (mph) over posted limit | 2 |
| Speeding | 10 – 14 mph over posted limit | 4 |
| Speeding | 15 – 19 mph over posted limit | 5 |
| Speeding | 20 mph or more over posted limit | 5 * |
| Reckless Driving | 6 | |
| Passing a Stopped School Bus | 6 * | |
| Operation of a Vehicle Causing Death | 6 * | |
| Aggressive Driving | 6 | |
| Disregarding Stop Sign or Red Light | 3 | |
| Other Moving Violations (contained in Chapters 27,41,42 of Title 21) | 2 | |
| * May result in additional actions including suspension | ||
Calculated Points
Calculated points are credited at full point value for the first 12 months from the date of violation. After the initial 12 months have expired, the calculated points will be credited at one-half point value for the next 12 months. All actions are based upon total calculated points with¬in a 24-month period following the offense.
Driver Improvement Problem Driver Program Actions:
| Calculated Points | Action Item |
|---|---|
| 8 | The Division of Motor Vehicles sends the driver an advisory letter. |
| 12 | Driver must complete a behavior modification/attitudinal-driving course within 90 days after notification (unless extended by DMV). Failure to comply or upon preference of the driver, mandatory 2-month suspension will be imposed. |
| 14 | Mandatory 4-month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavior modification/attitudinal driving course within the previous two years, as of the time of reinstatement. |
| 16 | Mandatory 6-month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavioral modification/attitudinal-driving course within the previous two years, as of the time of reinstatement. |
| 18 | Mandatory 8-month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavior modification/attitudinal driving course within the previous two years, as of the time of reinstatement. |
| 20 | Mandatory 10-month license suspension. To become eligible for reinstatement, he driver must complete or have completed a behavior modification/attitudinal driving course within the previous two years, as of the time of reinstatement. |
| 22 | Mandatory 12-month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavior modification/attitudinal driving course within the previous two years, as of the time of reinstatement. |
Point Credit
A speeding violation of 1 to 14 mph over the posted speed limit may not be assessed points, IF
- It is the first violation within any 3-year period; and
- The ticket is paid through the Voluntary Assessment Center or Alderman’s Court recorded as “guilty mail in” or through an online payment.
- Only applies to Class D license holders; CDL holders will receive points.
The division may consider the satisfactory completion of an approved defensive driving course defensive driving course as a three-point credit that is used to calculate driver penalties within the DMV. This does not decrease your overall point values which is used for employment and insurance review purposes. The three-point credit is only applied to future violations, in certain circumstances, and does not remove or reduce existing DMV points. The course remains valid for three years from the completion date.
Serious Speeding Violations
- Advisory letters are sent to the driver when convicted for speeding 20-24 MPH over the posted speed limit
- The driver will be suspended for one month when convicted of driving 25 MPH over the posted speed limit. The length of suspension will increase by one month for each additional five mph over the initial 25-mph threshold. The driver may elect to attend the behavior modification/attitudinal-driving course in lieu of license suspension when driving 25-29 mph over the posted limit. For speeding 30 mph over the posted limit or more, the suspension is mandatory.
- One-year suspension when convicted of driving 50 mph or more over the posted speed limit or driving 100 mph on a highway. To become eligible for reinstatement, the driver must complete or have completed a behavior modification/attitudinal-driving course within the previous two years
