Aggressive Driving

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What Is Aggressive Driving In Delaware

Aggressive driving is one of the more serious traffic violations in Delaware. The premise behind Delaware’s Aggressive Driving Laws, as well as other traffic offense laws, are to ultimately make Delaware roads, highways and interstates safer for those traveling them.

If you have been pulled over for Aggressive Driving in Delaware, you need a Delaware Aggressive Driving Lawyer with offices in Georgetown, Milford, and Seaford. Call the Law Offices of Murray, Phillips & Gay at 302-855-9300 or, contact us.

If you were in a car accident, here’s how to gather evidence at the accident scene

In the state of Delaware, aggressive driving laws aim to ultimately prevent traffic accidents. Aggressive driving is not necessarily a single act you can commit. Instead, the charge is the culmination of violating 3 or more traffic crimes simultaneously.

3 Or More Offenses Such As:
  • Failure To Yield
  • Unsafe Lane Change
  • Disregarding A Traffic Control Device
  • Failure To Stop At Command Of Police Officer
  • Following Too Closely
  • Passing On A Shoulder
  • Speeding
  • Excessive Speed
  • Passing A Stopped School Bus
  • Failure To Signal

Aggressive Driving Laws In Delaware


(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known as aggressive driving.

(b) For purposes of this section, “aggressive manner” shall mean that an individual engages in continuous conduct which violates 3 or more of the following sections:

(1) Section 4107 of this title, relating to obedience to traffic-control devices;

(2) Section 4108 of this title, relating to traffic control signals;

(3) Section 4117 of this title, relating to overtaking on the right;

(4) Section 4122 of this title, relating to driving within a traffic lane;

(5) Section 4123 of this title, relating to following too closely;

(6) Section 4132 of this title, relating to yielding to the right-of-way;

(7) Section 4133 of this title, relating to vehicles entering the roadway;

(8) Section 4155 of this title, relating to use of turn signals;

(9) Section 4164 of this title, relating to stop signs and yield signs;

(10) Section 4166(d) of this title, relating to overtaking and passing school buses;

(11) Section 4168 of this title, relating to speed restrictions; and

(12) Section 4169, relating to specific speed limits.

(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days, or both, and the person shall have their driving privileges suspended for a period of 30 days.

(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving. The Secretary shall administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection (c) of this section.

(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive driving and 1 or more underlying offenses as defined elsewhere by the laws of the State.

72 Del. Laws, c. 216, § 173 Del. Laws, c. 113, § 174 Del. Laws, c. 285, § 1.;

Penalties For An Aggressive Driving Conviction

If you face of aggressive driving charges in Delaware, you face fines between $100.00-$300.00 and/or 10-30 days in jail. Suspended driving privileges for 30 days. In addition, you must complete a DMV behavior modification class.

Since Delaware operates on a point system, you receive 6 points on your license. Some secondary penalties may increase insurance premiums, or risk losing your auto insurance.

If you receive a subsequent offense within 3 years, fines increase to $300.00-$1,000.00. You also face a jail sentence for 30-60 days and suspended driving privileges for 30 days.

Contact Delaware Aggressive Driving Attorneys

If you have been charged with aggressive driving in Delaware, please contact the Law Offices of Murray, Phillips & Gay to protect your rights and driving privileges. The Law Offices of Murray, Phillips & Gay will aggressively defend your rights in an effort to achieve the most favorable outcome possible. They aim to keep any negative legal, professional and financial consequences to a minimum.

Please call the Law Offices of Murray, Phillips & Gay at 302-855-9300. Or you can click here to contact the Law Office of Murray, Phillips & Gay.

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