CHAPTER 458

FORMERLY

HOUSE BILL NO. 526

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE RELATING TO PENALTIES FOR EXCEEDING SPEED LIMITS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §4169, Chapter 41, Title 21 of the Delaware Code by striking subsection (c) of said section in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows:

"(c) Whoever violates this section shall for the first offense be fined $10, or be imprisoned not less than 10 days nor more than 30 days or both. For each subsequent offense, he shall be fined $20, or be imprisoned not less than 15 days nor more than 60 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.

Any person violating this section who exceeds the maximum speed limit by more than 5 miles per hour but less than 16 miles per house 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.

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.

Any person violating this section who exceeds the maximum speed limit by more than 20 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."

Approved July 11, 1978.