Delaware Speeding Laws

Basic Speed Law. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and without having regard to the actual and potential hazards then existing.  Speed shall be so controlled as to avoid a collision.  Del. Title 21 § 4168(a)

Penalty for Exceeding Speed Limit

A first time violator may be:

• fined $20, and
• the violator’s license may be suspended between two to 12 months.

Penalty for Reckless Driving

A first time violator may be:

• fined between $100 and $300,
• sentenced to jail time of between 10-30 days, and
• the violator’s license may be suspended two to 12 months.

Speed Limits

• 65 MPH on all portions of Delaware State Route 1 located between the Red Lion Creek and the Appoquinimink River. Any speed in excess of this limit is absolute evidence that the speed is not reasonable or prudent and that it is unlawful.
• 55 MPH on 4 lane roadways and divided highways
• 50 MPH on 2 lane roadways
• 25 MPH in either a business or residential district
• 20 MPH at school crossings where signs are in effect during specific time periods 

Delaware Speeding Law

Delaware has what is known as an “absolute” speed limit law. There is no trick to how this works: If the sign says 40 mph and you drive 41 mph or more, you have violated the law. In other words, you are guilty if you drive over the speed limit. In Delaware you may be able to make three possible defenses:

• Attacking the officer’s determination of your speed. To do this you must discover what method the officer used to cite you and then learn about the ways to attack that particular method.
• Claiming an emergency forced you to exceed the speed limit to avoid serious damage or injury to yourself or others.
• Claiming that the officer mistook your car for another car. With so many similar-looking cars, it is possible that a cop could see a speeding car, lose sight of it around a corner, and then wrongly pick out your car farther down the road.

Note that in Delaware you can be ticketed for driving at an unsafe speed, even if that speed does not violate the posted limit -- for example, driving exactly at the maximum mph posted limit on the freeway amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard. 

Point System

If an offender accumulates 12, 14, 16, 18, 20 or more than 20 points, their license is suspended respectively for 2, 4, 6, 8, 10 or 12 months. The following points are assigned for speeding and speed related violations:  One (1) to 9 MPH over the posted limit-2 points; 10 to 14 MPH over the limit-4 points; 15 to 19 MPH over the limit-5 points; by more than 20 MPH over the limit-5 points; reckless driving-6 points; other violations-2 points.  III.  If an offender completes a defensive driving course, the suspension period may be reduced by 1 or 2 months.  However, the minimum period of suspension is 1 month. For exceeding the speed limit by more than 25 MPH, a 2 month suspension plus a 1 month for each additional 5 MPH over the initial 25 MPH. For exceeding the speed limit by more than 90 MPH, suspension for 1 year.