FORMERLY
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4103(b) of Title 21 of the Delaware Code by deleting in the first sentence the phrase “fined for the first offense not less than $575 nor more than $2,000, or imprisoned for not less than 60 days nor more than 6 months or both” and replace thereto with “guilty of a class G felony, with a minimum fine of $575 which may not be suspended.”.
Section 2. Further Amend § 4103(b) of Title 21 of the Delaware Code by deleting in the third sentence the phrase “fined not less than $1,150 nor more than $3,450 and imprisoned not less than 60 days nor more than 18 months” and replace thereto with “class E felony, with a minimum fine of $1,150 which may not be suspended.”.
Section 3. Further Amend § 4103(b) of Title 21 of the Delaware Code by adding after "period." the following:
"It shall be an affirmative defense for this Section if the driver proceeds at or below the posted speed limit to a safe location or, at nighttime to a well lit reasonable location and stops the vehicle at that point that the driver is not guilty of this Section.”.
