How to Fight a Traffic Ticket in Delaware

In Delaware, traffic tickets are issued to road users who violate road traffic laws. They contain details of the violation and associated penalties. Offenders who have been served these citations are usually given thirty days to respond to the traffic ticket. However, the timeframe may differ depending on the court. Recipients of these citations are advised to take the time to study the ticket carefully and respond to the courthouse indicated on the ticket. The state of Delaware has various courts, including:

• Justice of Peace Courts
• Courts of Common Pleas
• Alderman’s Court

The court that will handle an offender’s case depends on the district where the violation occurred. However, the state’s Division of Motor Vehicles (DMV) is responsible for managing Delaware driver records.

Delaware traffic offenses are rated based on their severity; hence, the more severe the offender’s alleged crime, the more serious the penalties. Some common violations in the state include:

• Speeding
• Driving recklessly
• Following another vehicle too closely
• Ignoring stop signs

Motorists convicted of any DUI offense in Delaware are usually charged hefty fines. They may also be ordered to get an ignition interlock device installed on their vehicles. The following are some of the penalties and fines typically issued to road traffic offenders in Delaware:

• First violation: a fine up to $500-$1,500, a twelve-month jail term, and another 12–24 month driver’s license revocation
• Subsequent offenses: a fine up to $750-$2,500, a mandatory jail term not longer than eighteen months (60 days minimum), and a 24–60-month driver's license revocation.

There are no fixed ticket fines in Delaware, as the courts penalize offenders based on the severity of their violation. Motorists cited for traffic violations can either pay the specified fines or contest the citation. For questions regarding how to pay the charges or the exact amount, offenders may contact the relevant court. However, if the individual decides to fight the ticket, they may need to employ a traffic attorney’s services.

In Delaware, public traffic records are also accessible from some third-party websites. These websites streamline the search process by aggregating records from various judicial districts, providing remote access to them, and allowing users to perform multi-record searches. To use third-party search engines, interested parties are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Third-party sites are neither managed by government custodians nor sponsored by these agencies. Because of this, inquirers may be charged a fee for the service, and the accuracy or completeness of these records may not be guaranteed.

Is it Worth it To Fight a Traffic Ticket in Delaware?

Yes, contesting a Delaware traffic ticket may prove worth it if the ticket was unmerited. Deciding to pay the traffic ticket may be considered an admission of guilt, which adversely impacts the alleged offender’s insurance premiums. Also, accumulating points may lead to the suspension of the driver’s license or other consequences. The state’s Division of Motor Vehicles checks for two years when evaluating the number of points on a record. Points that are at least a year old, however, are typically calculated as half points. According to the Driver Improvement Program, thus are the points and their respective punishments:

• 8 points - an advisory letter
• 12 points - a compulsory driving course
• 14 points - four-month suspension of license
• 16 points - six-month suspension of license
• 18 points - eight-month suspension of license
• 20 points - ten-month suspension of license
• 22 points - twelve-month suspension of license

Ways to Fight a Traffic Ticket in Delaware

Delaware traffic offenders who have not agreed or been given a voluntary assessment are typically required to appear in the appropriate state’s courts at the date and time indicated on the citation. To plead not guilty, the offending motorists may sign at the appropriate fields marked on the ticket. The traffic tickets may be faxed or mailed to the indicated court. Those responding through fax may call 302–739–6911 to obtain their receipts.

Fighting a Delaware traffic ticket in court could lead to reduced penalties and, consequently, a smaller fine. It may also result in getting the citation overturned. Having the help of an experienced Delaware traffic attorney improves the chances of winning the case. The majority of traffic violations are treated as criminal offenses in the state. Therefore the concerned party may be required to bring all necessary documents to the court, including proof of insurance and the ticket.

How to Fight a Traffic Ticket Without Going to Court

Violators of Delaware traffic laws may dispute the traffic tickets without appearing in court if they can successfully negotiate a bargain with the prosecution. Defendants can discuss with the prosecuting party agreeable ways to settle the dispute. Both parties may agree with the offender agreeing to community service, a driving course, or so on. Alternatively, the judge is likely to throw out the case if the prosecuting officer fails to appear in court. The defendant only has to file a motion to dismiss if this happens.

How Do You Get a Traffic Ticket Reduced in Delaware?

Delaware not only permits that three points be reduced from an offender’s driving record when such a person completes a government-authorized defensive driving course, but it also gives the driver a three-point “credit” that can be very useful should they accumulate extra points in the future. The state’s point system is unique in this regard. This system can prove very valuable to road users in keeping their driving records credible. It is especially helpful for helping motorists save on fines, and vehicle insurance premiums, and lower their likelihood of license suspension.

Can you Get a Speeding Ticket Dismissed in Delaware?

Yes, Delaware road users can get their traffic tickets dismissed. This primarily depends on the court, the nature of the violation, and the individual’s driving history. After the offender has completed a defensive driving course, points for the violation may not be added to the driver’s license, and the ticket may get dismissed. Delaware traffic courts may also dismiss a ticket if the officer who issued the citation does not appear for the trial.

What Happens if You Plead Guilty to a Traffic Ticket in Delaware

Per Section 4101–4 (d), Delaware law enforcement may impose monetary liabilities on traffic violators. When road users receive a citation, it is specified on their driving records and reported to the driver’s insurance company. With this information, the insurance providers may regard the individual as high risk, increasing the vehicle’s premium. Hence, pleading guilty could cost a Delaware road user far more than the fine for years. However, alleged offenders may be given the option of voluntary assessment. If the citation is for a minor violation, then opting for the voluntary evaluation may likely decrease the offender’s chances of getting additional points on their license. However, the motorist still has to pay the fine.

How to Find a Traffic Ticket Attorney in Delaware

Road users ready to fight a traffic ticket in a Delaware court are advised to find a credible traffic ticket attorney to handle their case. Legal advisors on traffic issues are available through online and offline sources. Some third-party websites provide their names, addresses, and credentials. It may be helpful to check the reviews on the traffic lawyer before making a choice. Reviews disclose the expertise and winning record of that lawyer as well as their understanding of the state’s traffic laws.