How Much over the Speed limit is a Felony in Delaware?

Speeding in Delaware is an infraction that may elevate to a misdemeanor offense, but not a felony. However, it may contribute to felony charges if it results in death or injury to others. Additionally, speeding while under the influence and reckless driving that results in harm may result in felony trials.

Under Chapter 21 § 4168 of the Delaware Code, it is unlawful to drive a vehicle within the state at a speed greater than reasonable under current conditions and with disregard for actual potential hazards. Hence, the following Delaware speed limits apply to drivers within the state:

• 65 mph on rural interstates and urban freeways
• 50 mph on rural undivided roads
• 35 mph on residential roads
• 25 mph in any business district
• 25 mph in any residential district
• 20 mph at all school zones where 20 mph regulatory signs are posted and state the periods or conditions during which the speed limit is in effect; such conditions may include when children are present or while 1 or more warning lights flash
• 50 mph on 2-lane roadways
• 55 mph on 4-lane roadways and divided roadways.

Although Delaware laws classify speeding violations as infractions or misdemeanors, they may elevate to Class C or D felonies if they result in vehicular manslaughter.

Is Speeding a Felony in Delaware?

In Delaware, speeding is generally a traffic infraction or a misdemeanor (not a felony), regardless of how far over the speed limit the individual is driving. However, if speeding results in the death of another person, it may contribute to felony charges. Penalties for speeding in Delaware include fines, license suspension, and jail time, with misdemeanor charges carrying a maximum jail time of 1 year.

Can a Speeding Ticket Become a Felony in Delaware?

In Delaware, speeding citations are typically infractions or misdemeanors. However, certain aggravating factors may elevate them to felonies. According to Chapter 11, Section 630 of the Delaware Code, speeding becomes a felony if it causes vehicular homicide due to negligence. Additionally, a speeding ticket in Delaware may result in felony charges if:

• The driver is impaired by drugs, alcohol, or both
• It causes physical injuries to others (Class D felony)
• The offender flees from police after causing injuries, posing a serious risk to other persons
• The individual combines speeding with recklessness, endangering multiple persons.

Types of Speeding Tickets in Delaware: Infraction, Misdemeanor, or Felony

In Delaware, the ticket for a speeding violation depends on the driver's speed over the limit, the location, and the circumstances leading to the offense. Speeding violations are infractions or misdemeanors that may escalate to felonies in the presence of certain aggravating factors, and their penalties depend on their classifications. Delaware classifies speeding tickets as follows:

Infractions:

• Basic speeding violation
• Speeding in special zones
• Construction or work zones

Misdemeanor:

• Excessive Speed or Racing
• Speeding plus Aggressive Driving

Felony

• Speeding that results in injury or death.

Although speeding in Delaware typically attracts a misdemeanor ticket, it may become a felony if it results in serious harm or death or is a consequence of impaired driving.

Penalties for Felony Speeding Tickets in Delaware

The penalties for felony speeding tickets in Delaware depend on the severity of the offense. Delaware designates speeding as a felony if it is a vehicular assault or results in vehicular homicide. The following classes of felony apply to speeding in Delaware:

• Vehicular Homicide – Second Degree
• Vehicular Homicide – First Degree
• Vehicular Assault – First Degree
• Speeding to flee or elude a police officer (in addition to other aggravating factors) - Third Degree.

The table outlines the criminal penalties for felony convictions resulting from speeding in Delaware.

Beyond jail time and license suspension, the penalties for felony conviction for speeding in Delaware may include fines, restitution, and court fees that may range up to several thousand dollars.

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

A Delaware speeding ticket may remain on a driver's record for 2 years. In Delaware, the point value of a violation reduces to half after 12 months from the date of conviction and is removed after 24 months. However, Delaware traffic court records stay longer on driving records and are accessible to insurance companies, potential employers, and for legal tracking. Insurance companies in Delaware have a 3-year lookback period for reviewing driving records for underwriting and rate-setting purposes (some insurers may look back up to 5 years for DUI-related offenses), and within this period, points due to speeding violations may lead to cancellation or nonrenewal of existing policies.

For Class D license holders, a speeding ticket may not appear on records if it applies to a speed of 1 to 14 mph over the legal limit, is a first-time offense within 3 years, and the offender pays the ticket through the voluntary Assessment Center (VAC), Alderman's Court, or online.

Can a Speeding Ticket Be Expunged from Your Record in Delaware?

Delaware does not permit the expungement of speeding tickets. Speeding violations fall under Title 21 offenses and, according to Chapter 11, Sections 4373(f)(2) and 4374(i)(1) of Delaware Code, are not eligible for expungement. In Delaware, a speeding ticket remains on a record for a minimum of 2 years unless the offender receives a pardon from the governor or the court reduces or dismisses it. However, Delaware offers limited options to reduce the impact of speeding tickets through the Voluntary Assessment Center (VAC) and defensive driving courses.