Any Delaware Guys?

[JPD5801]

LEOs only please

I checked the list, and there aren't any officers from Delaware listed, but I thought I would ask anyway - maybe one of you guys might know.

I was recently stopped on I95 between Wilmington and the PA line. I was caught doing 19 over, and the officer gave me the impression that 20 over was a threshold for increased penalties. Is this the case? Is there a good website I can check?

I have found a couple sites, but nothing I consider reputable. I would have asked the officer, but I didn't think about it at the time.

 

[svtcop]

Looks like just increased fines.

Taken from Delaware State website: This is the site you wanna read for Delaware laws.

http://delcode.delaware.gov/title21/c041/sc08/index.shtml

§ 4169. Specific speed limits; penalty.

(a) Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful:

All types of vehicles:

(1) 25 miles per hour in any business district;

(2) 25 miles per hour in any residential district;

(3) 20 miles per hour at all school zones where 20 mph regulatory signs are posted and state the time 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;

(4) 50 miles per hour on 2-lane roadways;

(5) 55 miles per hour on 4-lane roadways and on divided roadways.

(b) Whenever the Department of Transportation shall determine, on the basis of engineering studies and traffic investigations or upon the basis of a federal law or directive by the Congress or the President, that a maximum speed limit set pursuant to subsection (a) of this section in any particular place on the state maintained highway system is greater or less than is reasonable or safe, the Department shall declare a reasonable and safe maximum limit thereat, which limit shall be effective when posted. Such maximum limit may be declared to be effective either part or all of the time and differing limits may be established for different times of the day, for different types of vehicles, for different weather conditions and when other significant factors differ. Such maximum limits may be posted on fixed or variable signs. Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.

(c) Penalties for violation of this section are as follows:

(1) Whoever violates this section shall for the first offense be fined $20. For each subsequent offense, the person shall be fined $25 or be imprisoned not less than 10 nor more than 30 days, or both. A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense.

(2) Any person violating this section who exceeds the maximum speed limit by more than 5 miles per hour but less than 16 miles per hour shall pay an additional fine of $1 per mile, if such violation is a first offense, or $2 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.

(3) Any person violating this section who exceeds the maximum speed limit by more than 15 miles per hour but less than 20 miles per hour shall pay an additional fine of $2 per mile, if such violation is a first offense, or $3 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.

(4) Any person violating this section who exceeds the maximum speed limit by more than 19 miles per hour shall pay an additional fine of $3 per mile, if such violation is a first offense, or $4 per mile, if such violation is a second offense, for each mile in excess of the maximum speed limit.

(d) The Department of Transportation shall designate a maximum speed limit of 65 miles per hour for all portions of Delaware State Route 1 located between the Red Lion Creek and the Appoquinimink River. Such maximum limits may be posted on fixed or variable signs. Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.

21 Del. C. 1953, § 4169; 54 Del. Laws, c. 160, § 1; 55 Del. Laws, c. 362, §§ 1, 2; 56 Del. Laws, c. 172; 56 Del. Laws, c. 302; 57 Del. Laws, c. 670, §§ 13A, 13C; 60 Del. Laws, c. 700, § 7; 61 Del. Laws, c. 458, § 1; 65 Del. Laws, c. 503, § 18; 66 Del. Laws, c. 333, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 403, § 1; 75 Del. Laws, c. 323, § 1; 77 Del. Laws, c. 411, § 2.;

 

[JPD5801]

Looks like just increased fines.
. . .

Thank you for the info. Like I said, I found a site that made it sound much more severe. I don't fully understand the $ per mile fine part, but I don't plan to get stopped again.

Either way, the officer was incredibly nice and let me slide with a 60 in a 55. He also overlooked my expired insurance card (policy is current, I just didn't have the new card on me) and tinted windows.

I'm going to pay the fine and consider myself lucky!

 

[svtcop]

Thank you for the info. Like I said, I found a site that made it sound much more severe. I don't fully understand the $ per mile fine part, but I don't plan to get stopped again.

Either way, the officer was incredibly nice and let me slide with a 60 in a 55. He also overlooked my expired insurance card (policy is current, I just didn't have the new card on me) and tinted windows.

I'm going to pay the fine and consider myself lucky!

When all else fails just call the court to which you were cited into. Can't argue with that information.