CHAPTER 216

FORMERLY

HOUSE BILL NO. 364

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO AGGRESSIVE DRIVING.

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 Title 21, Delaware Code, by inserting as a new § 4175A the following:

Ҥ 4175A. Aggressive Driving.

(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 three or more of the following sections:

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

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

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

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

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

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

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

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

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

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

(11) 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 would have their driving privileges suspended for a period of 30 days. No person who violates subsection (a) of this section shall receive a suspended sentence.

(d) In addition to the penalties imposed pursuant to subsection (c), whoever violates this section shall be ordered to complete a course of instruction established by the Secretary to address behavioral 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 which shall not exceed the maximum fine imposed pursuant to subsection (c).

(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 one or more underlying offenses as defined elsewhere by the laws of the State.”.

Approved July 22,1999