reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2746. Persons qualified to administer tests.

§ 2746. Persons qualified to administer tests.
Only duly licensed physicians, registered nurses, licensed practical nurses or other persons trained in medically accepted procedures for the drawing of blood and employed by a hospital or other health care facility, acting at the request of a police officer, may withdraw blood from a person submitting to a chemical test under this subchapter. This limitation shall not apply to obtaining a specimen of breath or urine as to which qualified personnel shall include a police officer as well as the above personnel. Notwithstanding any other provision of law to the contrary, it shall not be necessary in any proceeding under this Code to produce evidence that a person who has withdrawn blood from a person submitting to a chemical test under this title was qualified to do so as defined in this section. Notwithstanding any other provision of law to the contrary, it shall not be necessary to present the testimony of, or certification by, a person who has withdrawn blood from a person pursuant to this section in order to establish chain of physical custody of such evidence.
21 Del. C. 1953, §  2740F;  57 Del. Laws, c. 52;  66 Del. Laws, c. 160, §  1;  71 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2747. Alternate tests; physical incapacity.

§ 2747. Alternate tests; physical incapacity.
If for any reason a person is physically unable to supply enough breath or complete the chemical test, that person shall submit to such other chemical tests as authorized by this subchapter as the police officer shall elect, subject to the requirements of § 2746 of this title. Any person who is unconscious or who is otherwise in a condition rendering that person incapable of refusal shall be deemed not to have withdrawn the consent provided in § 2740 of this title and any test may be performed as provided in § 2746 of this title.
21 Del. C. 1953, §  2740G;  57 Del. Laws, c. 52;  63 Del. Laws, c. 430, §  6;  64 Del. Laws, c. 13, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2748. Civil liability.

§ 2748. Civil liability.
A duly licensed physician, medical technician or registered nurse withdrawing a blood sample under this subchapter and a hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising out of the taking of such sample, provided, however, this section shall not relieve such person from civil liability for any malicious act or gross negligence perpetrated in taking the blood.
21 Del. C. 1953, §  2740H;  57 Del. Laws, c. 52.;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2749. Refusal to submit as admissible in evidence.

§ 2749. Refusal to submit as admissible in evidence.
Upon the trial of any action or proceeding arising out of the acts alleged to have been committed by any person while in violation of § 4177 or § 4177L of this title or local ordinance substantially conforming thereto, the court may admit evidence of the refusal of such person to submit to a chemical test of breath, blood or urine under this subchapter.
21 Del. C. 1953, §  2740I;  57 Del. Laws, c. 52;  63 Del. Laws, c. 430, §  7;  64 Del. Laws, c. 13, §  7;  70 Del. Laws, c. 36, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2750. Admissibility in evidence of results of chemical test.

§ 2750. Admissibility in evidence of results of chemical test.
(a) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while under the influence of alcohol, a drug or drugs, with respect to any chemical test taken by or at the request of the State, the court shall admit the results of a chemical test of the person's breath, blood or urine according to normal rules of search and seizure law. The informing or failure to inform the accused concerning the implied consent law shall not affect the admissibility of such results in any case, including a prosecution for a violation of § 4177 of this title. The informing of an accused concerning the implied consent law shall only have application and be relevant at a hearing concerning revocation of the driver's license of said person for a violation of the implied consent law. Nothing contained in this section shall be deemed to preclude the admissibility of such evidence when such evidence would otherwise be admissible under the law relative to search and seizure law such as when such evidence has been obtained by valid consent or other means making the obtaining of the evidence legal under the Fourth Amendment.
(b) The doctor-patient privilege shall not apply to the disclosure to law-enforcement personnel nor the admissibility into evidence in any criminal proceeding of the results of a chemical test of a person's blood, breath or urine for the purpose of determining the alcohol or drug content of that person's blood irrespective of whether such test was done at the request of a treating physician, other medical personnel or a peace officer.
63 Del. Laws, c. 86, §  1;  63 Del. Laws, c. 430, §  8;  64 Del. Laws, c. 13, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter IV. Penalties › § 2752. False statements.

§ 2752. False statements.
Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.
36 Del. Laws, c. 10, §  74;  Code 1935, §  5612;  21 Del. C. 1953, §  2742;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter IV. Penalties › § 2753. Operation of vehicle by unlicensed minor.

§ 2753. Operation of vehicle by unlicensed minor.
No person shall cause or knowingly permit any minor operator, unless such minor has first obtained a license, to drive a motor vehicle under this chapter.
36 Del. Laws, c. 10, §  75;  Code 1935, §  5613;  21 Del. C. 1953, §  2743;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter IV. Penalties › § 2754. Employment of unlicensed person.

§ 2754. Employment of unlicensed person.
No person shall employ any person to operate a motor vehicle who is not licensed as provided in this chapter.
36 Del. Laws, c. 10, §  76;  Code 1935, §  5614;  21 Del. C. 1953, §  2744;  62 Del. Laws, c. 237, §  28;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter IV. Penalties › § 2755. Authorizing or permitting the operation of a motor vehicle by another.

§ 2755. Authorizing or permitting the operation of a motor vehicle by another.
No person shall authorize or permit a motor vehicle owned by that person or under that person's control to be driven by any person knowing that said person has no legal right to do so or shall authorize or permit said motor vehicle to be driven in violation of this title.
36 Del. Laws, c. 10, §  77;  Code 1935, §  5615;  21 Del. C. 1953, §  2745;  50 Del. Laws, c. 570, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter IV. Penalties › § 2757. Penalties.

§ 2757. Penalties.
(a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, such person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both.
(b) This section shall not apply to violations for which a specific punishment is set forth elsewhere in this chapter.
36 Del. Laws, c. 10, §  79;  Code 1935, §  5617;  46 Del. Laws, c. 81;  21 Del. C. 1953, §  2747;  65 Del. Laws, c. 503, §  13;  68 Del. Laws, c. 9, §  17;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter IV. Penalties › § 2758. Driving during period of denial; penalties.

§ 2758. Driving during period of denial; penalties.
(a) Any person not licensed to drive a motor vehicle who is arrested and convicted of an offense for which the penalty is a mandatory suspension or revocation of driver's license or driving privileges shall be ineligible for licensing for a time equivalent to the time that person's license would have been suspended or revoked if that person had been licensed.
(b) Any person not licensed as a driver who is convicted of driving a motor vehicle during a license denial period shall be punished as provided in § 2756 of this title.
21 Del. C. 1953, §  2748;  57 Del. Laws, c. 226.;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter IV. Penalties › § 2759. Liability for towing expenses.

§ 2759. Liability for towing expenses.
Whenever a motor vehicle is towed in connection with the enforcement of § 4177 of this title or a criminal offense for which violation of § 4177 of this title is an element, the person to whom the vehicle is released shall be liable for the towing and storage costs, except that the police agency ordering such towing shall be liable for such costs if the driver was not actually arrested for driving in violation of § 4177 of this title or another criminal offense as a result of that incident and no other existing situation reasonably necessitated such towing.
64 Del. Laws, c. 13, §  12;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter V. Taxicab and Limousine Driver › § 2761. Licensing of taxicab and limousine operators.

§ 2761. Licensing of taxicab and limousine operators.
No person shall drive any taxicab or limousine as defined under Chapter 18 of Title 2 upon any highway of this State unless such person, upon application, has been licensed as a taxicab or limousine operator by the Department under this chapter.
Code 1935, §  5719r;  46 Del. Laws, c. 270, §  1;  21 Del. C. 1953, §  2761;  78 Del. Laws, c. 287, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter V. Taxicab and Limousine Driver › § 2762. License endorsed for taxicab and limousine.

§ 2762. License endorsed for taxicab and limousine.
The Department shall endorse on the driver's license of the applicant an authorization to operate a taxicab and limousine.
Code 1935, §  5719s;  46 Del. Laws, c. 270, §  1;  21 Del. C. 1953, §  2762;  49 Del. Laws, c. 57, §  1;  58 Del. Laws, c. 511, §  47;  61 Del. Laws, c. 60, §§  1, 2;  78 Del. Laws, c. 287, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter V. Taxicab and Limousine Driver › § 2763. Qualifications for taxicab and limousine license.

§ 2763. Qualifications for taxicab and limousine license.
(a) To qualify for a taxicab and limousine endorsement an applicant must meet all of the following requirements:
(1) Be at least 18 years of age with 1 year of driving experience;
(2) Meet the requirements of § 2707 of this title;
(3) Never have been convicted of any of the following crimes under the laws of this State or any other jurisdiction:
a. Any crime against a child;
b. Any crime constituting a class A or B felony;
c. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide; or
d. Any crime constituting a felony sexual offense.
f., g. [Repealed.]
(4) Has not been convicted or pled guilty, within the last 7 years, to any of the following offenses, either under Delaware law or a substantially similar law of another state or of the United States:
a. Driving under the influence under § 4177, § 4177J, § 4177L, or § 4177M of this title;
b. Any crime constituting a felony offense, including any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office;
c. A hit and run offense under Chapter 42 of this title;
d. Driving over 100 mph; or
e. Reckless driving under § 4175 of this title; or
(5) Has not had that person's driver's license suspended, revoked, or disqualified in this State or any other jurisdiction for moving violations during the immediate preceding 3 years.
(b) Any taxicab and limousine and endorsement issued shall automatically be rescinded by the Director of the Division of Motor Vehicles if the applicant has not shown evidence of having satisfactorily completed, within 30 days of the date of endorsement, a motor vehicle accident prevention course approved by the Director of the Division of Motor Vehicles.
(c) The Department may conduct a criminal history background check for the purposes of issuing a taxicab and limousine endorsement pursuant to this section. This check shall include a national criminal history background check, in addition to a review of the applicant's Delaware-based criminal history, a fingerprinting of applicants who are to be subjected to a national criminal history background check, and expressly authorizes the use of records of the Federal Bureau of Investigation for screening the applicants.
Code 1935, §  5719t;  46 Del. Laws, c. 270, §  1;  21 Del. C. 1953, §  2763;  61 Del. Laws, c. 60, §§  1, 3;  64 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 252, §  10;  78 Del. Laws, c. 287, §  1;  79 Del. Laws, c. 250, §  2;  80 Del. Laws, c. 121, §  1;  80 Del. Laws, c. 275, § 2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter V. Taxicab and Limousine Driver › § 2764. Fee for taxicab authorization.

§ 2764. Fee for taxicab authorization.
The fee for the authorization specified in § 2762 of this title shall be $3.45. The fee for renewals is also $3.45.
Code 1935, §  5719u;  46 Del. Laws, c. 270, §  1;  21 Del. C. 1953, §  2764;  61 Del. Laws, c. 60, §§  1, 4;  67 Del. Laws, c. 260, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter V. Taxicab and Limousine Driver › § 2765. Out-of-state taxi and limousine drivers; qualifications.

§ 2765. Out-of-state taxi and limousine drivers; qualifications.
Out-of-state taxi and limousine drivers shall meet the requirements of their home state for driving a taxi or limousine and meet the qualification requirements as defined in § 2763 of this title before operating a taxi or limousine upon the highways of this State.
(1) An out-of-state taxi or limousine driver shall:
a. Upon first employment, and thereafter annually, provide to the driver's employer a current copy of the driver's home state driving record;
b. Upon first employment, and upon re-employment following separation, provide to the driver's employer a current copy of the driver's criminal history background check; and
c. Inform the driver's employer any time his or her driver license is suspended or revoked.
(2) The employer of an out-of-state taxi or limousine driver shall:
a. Maintain on file a current copy of the driver's driving records;
b. Annually update and review the driver's driving records using the same qualification criteria as found in § 2763 of this title; and
c. Maintain on file a current copy of the driver's criminal history background check.
(3) An employer of an out-of-state taxi or limousine driver shall not knowingly permit a driver to operate a taxi or limousine upon the highways of this State when the employer is aware of any disqualifying crimes or motor vehicle violations as defined in § 2763 of this title.
78 Del. Laws, c. 287, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2801. Declaration of policy.

§ 2801. Declaration of policy.
It is hereby declared to be the policy of this State to:
(1) Provide maximum safety for all persons who travel or otherwise use the public highways of this State; and
(2) Deny the privilege of operating motor vehicles on our highways to persons who by their conduct and record have demonstrated their indifference to the safety and welfare of others and their disrespect for the laws of this State, the orders of its courts and the statutorily required acts of its administrative agencies; and
(3) Discourage repetition of criminal acts by individuals against the peace and dignity of this State and the State's political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual offenders who have been convicted repeatedly of violations of the motor vehicle laws.
21 Del. C. 1953, §  2801;  58 Del. Laws, c. 416;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2803. Certification of record to Attorney General.

§ 2803. Certification of record to Attorney General.
The Director of the Division of Motor Vehicles shall certify the conviction record, as maintained in the Division of Motor Vehicles, of any person whose record brings that person within the definition of an habitual offender, as defined in § 2802 of this title, to the Attorney General of the State. The certified conviction record or abstract may be admitted in evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein.
21 Del. C. 1953, §  2803;  58 Del. Laws, c. 416;  66 Del. Laws, c. 231, §§  2, 3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2804. Attorney General to initiate court proceeding; petition.

§ 2804. Attorney General to initiate court proceeding; petition.
The Attorney General, upon receiving the abstract from the Director of the Division of Motor Vehicles, shall forthwith file a petition against the person named therein in the Court of Common Pleas in and for the county wherein such person resides or, in the case of a nonresident, in the Court of Common Pleas in and for New Castle County. The petition shall request the Court to determine whether or not the person named therein is an habitual offender.
21 Del. C. 1953, §  2804;  58 Del. Laws, c. 416;  66 Del. Laws, c. 231, §  4;  69 Del. Laws, c. 333, §  5;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2805. Service of petition; order to show cause.

§ 2805. Service of petition; order to show cause.
Upon the filing of the petition, the Court of Common Pleas shall enter an order incorporating by attachment the aforesaid abstract and direct the person named therein to appear at a time scheduled by the Court and show cause why the person should not be barred from operating or driving a motor vehicle on the highways of this State. A copy of the petition, the show cause order and the abstract shall be served upon the person named therein either by personal delivery thereof or by deposit of such in the United States mail in an envelope with postage prepaid, addressed to such person at that person's address as shown by the records of the Division of Motor Vehicles. The service of the petition, order and abstract by mail is complete upon the expiration of 4 days after such deposit of those documents. Service thereof on any nonresident of this State may be made pursuant to § 3112 of Title 10 [repealed], except that any fee for such service shall be taxed against the person named in the petition as a part of the cost of such proceeding.
21 Del. C. 1953, §  2805;  58 Del. Laws, c. 416;  69 Del. Laws, c. 333, §  6;  70 Del. Laws, c. 136, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 121, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2806. Hearing; procedure.

§ 2806. Hearing; procedure.
The matter shall be heard by the Court without a jury. If such person denies that that person was convicted of any offense shown in the abstract necessary for a holding that that person is an habitual offender, and if the Court cannot, on the evidence available to it, determine the issue, the Court may require of the Department certified copies of such records respecting the matter as it may have in its possession. If, upon an examination of such records, the Court is still unable to make such determination it shall certify the decision of such issue to the Court in which such conviction was reportedly made. The Court to which such certification is made shall forthwith conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the Court of Common Pleas. The Court, at its discretion, may rely upon certified copies of convictions adjudged by courts outside of this State or federal courts or may request such a court to make a determination.
21 Del. C. 1953, §  2806;  58 Del. Laws, c. 416;  69 Del. Laws, c. 333, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2807. Court's findings; judgment; prothonotary to submit copy.

§ 2807. Court's findings; judgment; prothonotary to submit copy.
If the court finds that the person is not the same person named in the abstract, or that the person is not an habitual offender under this chapter, the proceeding shall be dismissed. If the court finds that the person is the same person named in the abstract and that the person is an habitual offender, the court shall by appropriate judgment direct that such person not drive or operate a motor vehicle on the highways of this State and to surrender to the court all licenses or permits to operate a motor vehicle upon the highways of this State. The prothonotary shall forthwith transmit a copy of such judgment together with any licenses or permits surrendered to the Department.
21 Del. C. 1953, §  2807;  58 Del. Laws, c. 416;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2808. Appeals.

§ 2808. Appeals.
An appeal may be taken from any final action or judgment entered under this chapter in the same manner and form as appeals in civil or criminal actions.
21 Del. C. 1953, §  2808;  58 Del. Laws, c. 416.;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2809. Prohibition against issuance of driver's license or operation of motor vehicle; restoration of privilege.

§ 2809. Prohibition against issuance of driver's license or operation of motor vehicle; restoration of privilege.
No license to operate a motor vehicle in this State shall be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(1) For a period of 5 years from the date of the order of the court finding such person to be an habitual offender as defined in § 2802(1) of this title and for a period of 3 years from the date of the order of the court finding such person to be an habitual offender as defined in § 2802(2) of this title;
(2) Until such time as financial responsibility requirements are met; and
(3) Until, upon petition and for good cause shown, the court, at its discretion, restores to such person the privilege to operate a motor vehicle in this State upon such terms and conditions as the court may prescribe, subject to other provisions of law relating to the issuance of operators' licenses.
(4) Unless the Attorney General moves the court for restoration of the privilege to operate a motor vehicle in this State of any person declared to be an habitual offender as defined in § 2802(1) of this title after 3 years from the date of the order of the court declaring the person to be a habitual offender. In the event of such a motion by the Attorney General, the court may in its discretion restore the driving privileges of the person in whole or in part only if the person also meets the obligation set forth in paragraphs (2) and (3) of this section.
21 Del. C. 1953, §  2809;  58 Del. Laws, c. 416;  70 Del. Laws, c. 136, §  3;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2810. Driving after judgment prohibited; penalty; jurisdiction.

§ 2810. Driving after judgment prohibited; penalty; jurisdiction.
(a) It shall be unlawful for any person to operate any motor vehicle in this State while the judgment of the Court prohibiting the operation remains in effect. Any person found to be an habitual offender under this chapter who is thereafter convicted of operating a motor vehicle in this State while the judgment of the Court prohibiting such operation is in effect shall for the first offense be fined not more than $1,150 and imprisoned not less than 90 days nor more than 30 months. For each subsequent like offense, be fined not more than $2,300 and imprisonment not less than 180 days nor more than 5 years. The periods of imprisonment required under this section shall not be subject to suspension and if the judgment of the Court prohibiting the operation of a motor vehicle was based in whole or in part upon a conviction of the person for a prior or previous driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, or in whole or in part upon a conviction under any criminal statute pertaining to injury or death caused to another person by the person's driving or operation of a vehicle, the period of imprisonment shall, notwithstanding any provision of this section or title to the contrary, be served subject to the provisions of § 4205(c)(2) [repealed] of this title. The Court of Common Pleas shall have original jurisdiction of violations created by this section.
(b) Notwithstanding any other provision of law to the contrary, any offense, other than a felony, which is within the exclusive or original jurisdiction of another court and which may be joined properly with violations created by this section, shall be deemed to be within the original jurisdiction of the Court of Common Pleas.
21 Del. C. 1953, §  2810;  58 Del. Laws, c. 416;  69 Del. Laws, c. 333, §  8;  70 Del. Laws, c. 136, §§  4, 5;  70 Del. Laws, c. 528, §§  1, 2;  74 Del. Laws, c. 106, §  32;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2811. Determination by the Attorney General.

§ 2811. Determination by the Attorney General.
In any case in which a person is charged with driving a motor vehicle while that person's license, permit or privilege to drive is suspended or revoked or is charged with driving without a license, the court shall require the Attorney General to determine whether such person has been adjudged an habitual offender and, by reason of such judgment, is barred from operating a motor vehicle on the highways of this State. If the Attorney General determines that the person has been so adjudged, the Attorney General shall cause the appropriate criminal charges to be lodged.
21 Del. C. 1953, §  2811;  58 Del. Laws, c. 416;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2812. No existing law modified.

§ 2812. No existing law modified.
Nothing in this chapter shall be construed as amending, modifying or repealing any existing law of this State or any existing ordinance of any political subdivision relating to the operation of motor vehicles, the licensing of persons to operate motor vehicles or providing penalties for the violation thereof or shall be construed so as to preclude the exercise of the regulatory powers of any division, agency, department or political subdivision of this State having the statutory authority to regulate such operation and licensing.
21 Del. C. 1953, §  2812;  58 Del. Laws, c. 416.;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2813. Computation of number of convictions.

§ 2813. Computation of number of convictions.
In computing the number of convictions, all convictions must result from offenses occurring subsequent to June 8, 1972, except that convictions for offenses designated in § 2802(1)j. and k. of this title shall only be computed if the offenses giving rise thereto occur subsequent to July 1, 1977.
21 Del. C. 1953, §  2813;  58 Del. Laws, c. 416;  61 Del. Laws, c. 285, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 28. HABITUAL OFFENDERS › § 2814. Additional penalty when convicted of an offense which would render an individual an habitual offender.

§ 2814. Additional penalty when convicted of an offense which would render an individual an habitual offender.
If any person shall be convicted in this State of an offense which would render that individual an habitual offender as defined in this chapter, the person shall, in addition to the penalty otherwise prescribed by law for such offense, be fined not less than $115 nor more than $1,150 and confined in jail not less than 30 days nor more than 12 months, provided, that no such sentence shall be executed until the individual is finally adjudged an habitual offender.
21 Del. C. 1953, §  2814;  58 Del. Laws, c. 416;  68 Del. Laws, c. 9, §  18;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2901. Motor vehicles exempted.

§ 2901. Motor vehicles exempted.
This chapter shall not apply with respect to any motor vehicle owned by the United States, this State or any political subdivision of this State or any municipality therein or with respect to any motor vehicle which is subject to the requirements of §§ 6101 and 6102 of this title; however, § 2904 of this title shall apply to motor vehicles owned by this State.
61 Del. Laws, c. 292, §  5;  79 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2903. Certain policies unaffected by chapter.

§ 2903. Certain policies unaffected by chapter.
(a) This chapter shall not apply to or affect policies of automobile insurance against liability required by any other law of this State, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
(b) This chapter shall not apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on the insured's behalf of motor vehicles not owned by the insured.
61 Del. Laws, c. 292, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2904. Self-insurers.

§ 2904. Self-insurers.
(a) Upon condition of providing the same benefits available under a required vehicle insurance policy, any person in whose name more than 15 motor vehicles are registered in this State may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Secretary of Transportation as provided in subsection (b) of this section.
(b) The Secretary of Transportation may, in the Secretary's discretion, approve an application for self-insurance from such a person provided the following is submitted in satisfactory form:
(1) A continuing undertaking by the owner or other appropriate person to pay tort liabilities or basic reparation benefits, or both, and to perform all other obligations imposed by § 2118 of this title;
(2) Evidence that appropriate provisions exist for prompt and efficient administration of all claims, benefits and obligations required by § 2118 of this title; and
(3) Evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of tort liabilities or basic reparation benefits, or both, and all other obligations imposed by this chapter substantially equivalent to those afforded by a policy of insurance complying with § 2118 of this title.
(c) Upon not less than 5 days' notice and a hearing pursuant to such notice, the Secretary of Transportation may, upon reasonable grounds, withdraw this approval of self-insurance. Failure to pay any valid claim within 60 days of its submission or any judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the immediate withdrawal of approval of self-insurance.
61 Del. Laws, c. 292, §  5;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §§  63, 64, 65;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2905. Assigned risks.

§ 2905. Assigned risks.
(a) Any applicant for registration who in good faith has applied to 2 insurance companies for a policy of insurance or surety bond under this chapter but who is unable to procure such insurance from said companies shall thereupon notify the Insurance Commissioner, in writing, and the Insurance Commissioner upon receipt of said notice shall thereupon assign said application to 1 of the insurance companies handling such insurance and doing business in this State. Such insurance company shall promptly issue a policy at the rate then prevailing for such policies, adding an automatic surcharge of 10 percent over and above such rate then in force and effect, for similar policies of insurance. Surcharges of 50 percent and 25 percent shall be added to the then prevailing rate for such policies under the following circumstances:
(1) Fifty percent surcharge. — If the certificate is required for a conviction of:
a. Driving a motor vehicle while intoxicated;
b. Failing to stop and report when involved in an accident; or
c. Homicide or assault arising out of the operation of a motor vehicle.
(2) Twenty-five percent surcharge. — If the certificate is required for a conviction of:
a. Driving a motor vehicle at an excessive rate of speed where an injury to person or damage to property actually results therefrom; or
b. Driving a motor vehicle in a reckless manner where an injury to person or damage to property actually results therefrom.
(b) All such assignments may carry an expense charge of 5 percent.
(c) No assignment may be made or surcharge added solely because a driver license is denied or suspended in accordance with § 516(g) or § 2216 of Title 13.
(d) The surcharges specified in this section shall be limited for 3 years. The Insurance Commissioner shall notify the Secretary of Transportation of such assignments and the rate at which such assignments are made and the registration shall then be issued.
61 Del. Laws, c. 292, §  5;  70 Del. Laws, c. 452, §  8;  71 Del. Laws, c. 216, §  86;  74 Del. Laws, c. 110, §  66;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2906. Cancellation or termination of insurance policy.

§ 2906. Cancellation or termination of insurance policy.
(a) Any insurance company may cancel any motor vehicle liability policy or bond, except such risks as may be assigned to it as provided in § 2905 of this title, for any reason it may deem proper. Such insurance company shall refund to its insured the unearned portion of the premium paid by the insured.
(b) Any insurance company may cancel any motor vehicle liability policy or bond issued to any person under § 2905 of this title by giving 30 days' notice thereof to the Secretary of Transportation provided the insured:
(1) Is not licensed to operate a motor vehicle under the laws of this State;
(2) Is a person with mental or physical disabilities rendering it unsafe for the insured to operate a motor vehicle upon the highways;
(3) Is, in the opinion of the Secretary of Transportation, an habitually reckless or negligent driver of a motor vehicle;
(4) Is an habitual drunkard;
(5) Is addicted to the use of narcotic drugs;
(6) Is engaged in an unlawful or illegal occupation;
(7) Has refused or failed to pay the premiums due on such motor vehicle policy or bond; or
(8) Has refused or failed to cooperate with the insurance company as stated in such insurance policy or bond.
61 Del. Laws, c. 292, §  5;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §§  67, 68;  79 Del. Laws, c. 371, §  24;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2907. Disclosure of information relating to insurance.

§ 2907. Disclosure of information relating to insurance.
(a) A Delaware attorney who represents an injured person, or an individual injured in a motor vehicle accident who is not represented by an attorney, may, prior to the filing of a civil action for bodily injuries sustained as a result of a motor vehicle accident, request in writing that the insurer disclose the bodily injury limits of liability of any motor vehicle liability policy, as defined by § 2902(a) of this title, that may be applicable to the claim.
(b) The requesting party shall provide the insurer with the date of the motor vehicle accident, the name and last known address of the alleged liable party if it has been reported to the requesting party, a copy of the police report, if any, and the claim number, if available.
(c) When requesting the bodily injury limits of liability, the requesting party shall also submit to the insurer the injured person's medical records, medical bills, and wage-loss documentation, pertaining to the claimed injury and supporting the damages referenced in subsection (d) of this section.
(d) If the total of the medical bills and wage losses submitted equals or exceeds $12,500, the insurer shall respond in writing within 30 days of receipt of the request, and shall disclose the bodily injury limits of liability at the time of the accident of all its motor vehicle liability policies, regardless of whether the insurer contests the applicability of the policy to the injured person's claim.
(e) Disclosure of the bodily injury policy limits under this section shall not constitute an admission that the alleged injury or damage is subject to the policy.
(f) Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection admissible as evidence at trial.
(g) The disclosure shall be confidential and available only to the individual injured and the attorney representing the injured person and personnel in the office of the attorney.
81 Del. Laws, c. 421, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2908. Administration and enforcement.

§ 2908. Administration and enforcement.
The Secretaries of Safety and Homeland Security and/or Transportation, in keeping with their respective responsibilities, shall administer and enforce this chapter. The State Police shall assist the Secretary of Safety and Homeland Security in enforcing this chapter.
61 Del. Laws, c. 292, §  5;  74 Del. Laws, c. 110, §  69;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2909. Availability of other remedies.

§ 2909. Availability of other remedies.
Nothing in this chapter shall prevent the plaintiff in any action at law from relying for relief upon the other processes provided by law.
61 Del. Laws, c. 292, §  5;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2910. Rights of bona fide transferees and lienors unaffected.

§ 2910. Rights of bona fide transferees and lienors unaffected.
This chapter shall not prevent the owner of a motor vehicle, the registration of which has been suspended hereunder, from effecting a bona fide sale of such motor vehicle to another person whose rights or privileges are not suspended under this chapter or prevent the registration of such motor vehicle by such transferee. This chapter shall not in any way affect the rights of any conditional vendor, chattel mortgagee or lessor of a motor vehicle registered in the name of another as owner who becomes subject to this chapter.
61 Del. Laws, c. 292, §  5;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2911. Construction with other laws.

§ 2911. Construction with other laws.
This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.
61 Del. Laws, c. 292, §  5;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2912. Uniformity of interpretation.

§ 2912. Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
61 Del. Laws, c. 292, §  5;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter I. General Provisions › § 2913. Insurance for automobile transports.

§ 2913. Insurance for automobile transports.
All automobile transports, interstate or intrastate, shall be insured against personal injury loss and property damage loss in keeping with requirements of the Interstate Commerce Commission relating to intrastate automobile transport carriers.
64 Del. Laws, c. 207, §  4;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter II. Deposit of Security › § 2927. Security required of nonresidents involved in accidents in this State.

§ 2927. Security required of nonresidents involved in accidents in this State.
(a) Any nonresident of this State who is involved in any accident through the operation of a motor vehicle wherein there is a damage to property or person shall be liable to damages and shall be required to furnish sufficient security for the payment of damages sustained by any person, firm or corporation before the motor vehicle of the nonresident or the contents thereof are removed from out of the State.
(b) The security required under subsection (a) of this section shall be double the estimated amount of the damages as determined by any reputable automobile repair person of the State, and shall be posted with any justice of the peace in the State.
41 Del. Laws, c. 224, §§  1, 2;  21 Del. C. 1953, §  2927;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter III. Proof of Future Responsibility › § 2941. Court reports on nonpayment of judgments.

§ 2941. Court reports on nonpayment of judgments.
(a) Whenever any person fails to satisfy any judgment within 60 days of its issuance, the court that issued the judgment shall, upon motion of the holder of the judgment, forward a certified copy of such judgment to the Secretary of Transportation.
(b) If the defendant named in any certified copy of a judgment reported to the Secretary of Transportation is a nonresident, the Secretary of Transportation shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses of the state of which the defendant is a resident.
(c) For purposes of this subchapter “judgment” shall mean any civil judgment for money damages arising out of an event or transaction involving motor vehicle accident.
Code 1935, §  5712B;  48 Del. Laws, c. 359, §  2;  21 Del. C. 1953, §  2941;  57 Del. Laws, c. 670, §  12A;  60 Del. Laws, c. 433, §  5;  66 Del. Laws, c. 274, §  1;  74 Del. Laws, c. 110, §  70;  76 Del. Laws, c. 265, §§  1, 2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter III. Proof of Future Responsibility › § 2942. Suspension of license for nonpayment of judgments.

§ 2942. Suspension of license for nonpayment of judgments.
(a) The Secretary of Transportation, upon receipt of a certified copy of a judgment, shall forthwith suspend the license and any nonresident's operating privilege of any person against whom such judgment was rendered, except as otherwise provided in this section and in § 2945 of this title.
(b) The Secretary of Transportation may allow license or nonresident operating privileges to a judgment debtor, providing there is no default in the payment of such judgment or that installments thereof prescribed in § 2945 of this title are not in default, and providing the judgment debtor has furnished proof of financial responsibility.
(c) Any person whose license or nonresident's operating privilege has been suspended or is about to be suspended or becomes subject to suspension under this chapter may be relieved from the effect of such judgment as prescribed in this chapter, by filing with the Secretary of Transportation an affidavit stating that at the time of the accident upon which such judgment has been rendered the affiant was insured, that the insurer is liable to pay such judgment and the reason, if known, why such insurance company has not paid such judgment. Such person shall also file the original policy of insurance or a certified copy thereof, if available, and such other documents as the Secretary of Transportation may require to show that the loss, injury or damage, for which such judgment was rendered, was covered by such policy of insurance. If the Secretary of Transportation is satisfied from such papers that such insurer was authorized to issue such policy of insurance at the time and place of issuing such policy and that such insurer is liable to pay such judgment, at least to the extent and for the amounts required in this chapter, the Secretary of Transportation shall not suspend such license or nonresident's operating privilege, or, if already suspended, shall reinstate them.
(d) In the event that a person has had that person's license suspended for nonpayment of a judgment under this section, the Department after the lapse of 10 years from the entry of the judgment may issue a new license provided that such person shall have produced proof of liability insurance coverage or other evidence of financial responsibility, in an amount and of such character as shall be satisfactory to the Secretary of Transportation.
Code 1935, §  5712C;  48 Del. Laws, c. 359, §  2;  21 Del. C. 1953, §  2942;  55 Del. Laws, c. 406;  57 Del. Laws, c. 89;  57 Del. Laws, c. 670, §  12A;  60 Del. Laws, c. 433, §§  6-8;  66 Del. Laws, c. 274, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §§  71-74;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 29. MOTOR VEHICLE SAFETY—RESPONSIBILITY › Subchapter III. Proof of Future Responsibility › § 2943. Duration of suspension of license.

§ 2943. Duration of suspension of license.
The license and nonresident's operating privilege suspended pursuant to § 2942 of this title shall remain suspended and shall not be renewed nor shall any such license be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is satisfied in full or to the extent provided in this subchapter, and until such person gives proof of financial responsibility subject to the exemptions stated in §§ 2942 and 2945 of this title.
Code 1935, §  5712D;  48 Del. Laws, c. 359, §  2;  21 Del. C. 1953, §  2943;  60 Del. Laws, c. 433, §  9;  66 Del. Laws, c. 274, §  1;