Delaware's Reckless and Careless Driving Laws and Penalties

Read about Delaware’s reckless and careless driving laws and the consequences of a conviction.

In Delaware, unsafe driving can lead to criminal charges. This article explains Delaware's reckless and careless or inattentive driving laws and the penalties you'll face for a conviction.

What's Considered "Reckless Driving" in Delaware?

Delaware defines "reckless driving" as driving "in willful or wanton disregard for the safety of persons or property." The term "willful" refers to conduct that is intentional or purposeful. And "wanton" generally means the person understood but disregarded the consequences of the conduct.

Delaware's reckless driving law also prohibits driving at a speed of 90 miles per hour or faster.

(Del. Code Ann. tit. 21, § 4175.)

Delaware's Reckless Driving Penalties

The consequences of a reckless driving violation depend on the circumstances. The possible penalties are described below.

Fines and Jail Time for a 1st Standard Reckless Driving Conviction in Delaware

A first reckless driving conviction carries ten to 30 days in jail and/or $100 to $300 in fines.

Fines and Jail Time for a 2nd or Subsequent Standard Reckless Driving Conviction in Delaware

For a second or subsequent reckless driving violation within a three-year period, the motorist is looking at 30 to 60 days in jail and/or $300 to $1,000 in fines.

Fines and Jail Time for 1st Driving at Least 90 Miles Per Hour in Delaware

For a first reckless driving offense involving driving at least 90 miles per hour, the motorist faces $150 to $300 in fines and/or having to complete a traffic safety course.

Fines and Jail Time for 2nd Driving at Least 90 Miles Per Hour in Delaware

For a second reckless driving offense involving driving at least 90 miles per hour within three years, the motorist faces $300 to $800 in fines and/or 10 to 30 hours of community service.

Fines and Jail Time for 3rd Driving at Least 90 Miles Per Hour in Delaware

For a third reckless driving offense involving driving at least 90 miles per hour within three years, the motorist faces $500 to $1,000 in fines and/or 30 to 90 hours of community service.

Traffic Violation Points for Reckless Driving Offenses in Delaware

A reckless driving conviction will also add six demerit points to the motorist's driving record. Accumulating 14 or more points within a 24-month period leads to mandatory license suspension.

What's Considered "Careless or Inattentive Driving" in Delaware?

Delaware has another law that prohibits "careless or inattentive driving." The law defines "careless driving" as operating a vehicle "in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing." And "inattentive driving" means failing to give "full time and attention" or "maintain proper lookout" while behind the wheel. (Del. Code Ann. tit. 21, § 4176.)

The difference between reckless and careless or inattentive driving might be subtle in some cases. Generally, reckless driving involves the operation of a vehicle that's obviously dangerous, whereas more subtle instances of bad driving might be in the careless or inattentive driving category.

Delaware's Careless or Inattentive Driving Penalties

The possible penalties for a careless or inattentive driving violation are explained below.

Fines for 1st Careless or Inattentive Driving Conviction in Delaware

A first careless or inattentive driving conviction carries $25 to $75 in fines.

Fines for 2nd or Subsequent Careless or Inattentive Driving Conviction in Delaware

For a second or subsequent careless or inattentive driving violation within a three-year period, the motorist is looking at $50 to $95 in fines.

Traffic Violation Points for Careless or Inattentive Driving Violations in Delaware

A careless or inattentive driving conviction will also add two points to the motorist's driving record. And additional penalties might apply if the offense involves injuries to another person.

Reckless Driving and DUI Charges ("Wet Reckless") in Delaware

In Delaware, it's possible for a driver who's charged with driving under the influence (DUI), to "plea bargain" for a lesser charge. When a DUI is plea bargained down to a reckless driving charge, it's sometimes called a "wet reckless."

Talk to a Delaware Defense Attorney

The facts of every case are different. If you've been arrested for or charged with reckless driving, get in contact with an experienced defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.

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