TITLE 21

Motor Vehicles

Registration, Title and Licenses

CHAPTER 27. DRIVER'S LICENSE

Subchapter IV. Penalties


(a) Fraud in obtaining or attempting to obtain driver's license or identification card. — A person shall not fraudulently obtain or attempt to obtain a driver's license or an identification card by misrepresentation.

(b) Fraud in application for license or identification card. — A person shall not in any application for a driver's license or identification card:

(1) Use a false or fictitious name;

(2) Make a false statement;

(3) Conceal a material fact; or

(4) Otherwise commit a fraud.

(c) Display of canceled licenses. — A person shall not display, cause or permit to be displayed, any canceled license.

(d) Display of revoked licenses. — A person shall not display, cause or permit to be displayed, any revoked license.

(e) Display of suspended licenses. — A person shall not display, cause or permit to be displayed, any suspended license.

(f) Display of fictitious licenses or identification cards. — A person shall not display, cause or permit to be displayed, any fictitious license or identification card.

(g) Display of fraudulently altered license or identification card. — A person shall not display, cause or permit to be displayed, any fraudulently altered license or identification card.

(h) Possession of canceled license. — A person shall not possess any canceled license.

(i) Possession of revoked license. — A person shall not possess any revoked license.

(j) Possession of suspended license. — A person shall not possess any suspended license.

(k) Possession of fictitious license or identification card. — A person shall not possess any fictitious license or identification card.

(l ) Possession of fraudulently altered license or identification card. — A person shall not possess any fraudulently altered license or identification card.

(m) Loaning license. — A person shall not lend that person's license to any other person or permit the use of license by another.

(n) Display or representation of license or identification card not one's own. — A person shall not display or represent as that person's own any license or identification card not issued to that person.

(o) Failure or refusal to surrender license or identification card. — A person shall not fail or refuse to surrender to the Department on its lawful demand any license or identification card that has been suspended, revoked, canceled, altered or otherwise fraudulently obtained.

(p) Permitting unlawful use of license or identification card. — A person shall not permit any unlawful use of a license or identification card issued to that person.

(q) Prohibited acts. — A person shall not do any act forbidden or fail to perform any act required by this title.

(r) Penalty. — Unless otherwise specifically provided for in Chapter 31 of this title, an individual who violates this section shall be guilty of a class B misdemeanor and shall have that individual's driver's license and/or driving privileges suspended for a period to be set by the Court, not to exceed 6 months. The foregoing sentence notwithstanding, an individual who violates subsection (d), (e), (i) and/or (j) of this section by possessing or displaying a driver's license that has been suspended or revoked by application of the following statutes shall be guilty of a violation only, provided that the judicial officer adjudicating the charge or charges brought under subsections (e) and (j) of this section has made a factual finding that the defendant was reasonably unaware the driver's license that defendant possessed or displayed had been suspended or revoked:

Title 4, § 904(f)

Title 11, § 2106(c)

Title 11, § 4104(g)

Title 14, § 2730(c)(7)

Title 14, § 4130(e)(1)

Section 314(b) of this title

Section 709(j)(1) of this title

Section 2118(n)(1) of this title

Section 2703(d)(5) of this title

Section 2710(e)(5) of this title

Section 2724(b) of this title.

(s) Hardship license. — When a driver's license and/or driving privileges is suspended pursuant to this section, the applicant shall not be eligible for a conditional license, occupational license, work license or any other type of hardship license during the period of suspension, except that after 60 days of suspension the applicant may be eligible for a work license which shall be strictly limited to commuting to or from the applicant's place of employment and such driving as is a necessary part of the duties of said employment.

36 Del. Laws, c. 10, § 73; 37 Del. Laws, c. 10, § 22; Code 1935, § 5611; 21 Del. C. 1953, § 2741; 62 Del. Laws, c. 237, § 27; 66 Del. Laws, c. 416, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 318, § 1.;

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.;

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.;

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.;

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.;

(a) Any person whose driver's license or driving privileges have been suspended or revoked and who drives any motor vehicle upon the highways of this State during the period of suspension or revocation shall for the first offense be fined not less than $500 nor more than $1,000 and be imprisoned not less than 30 days nor more than 6 months. For each subsequent like offense, such person shall be fined not less than $1,000 nor more than $4,000 and in addition be imprisoned not less than 60 days nor more than 1 year. However, for a first offense under this section, if the suspension or revocation resulted from a prior or previous driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, the minimum fine shall be $600. For purposes of this section a subsequent offense shall be defined as one occurring within 3 years of a former offense.

(b) The minimum fine for a first or subsequent offense shall not be subject to suspension. The minimum period of imprisonment for a subsequent offense shall not be subject to suspension. In addition, for any offense under this section, if the suspension or revocation resulted from a violation of any criminal statute pertaining to injury or death caused to another person by the person's driving or operation of a vehicle or a driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, the minimum fine shall be $2,000 and shall not be subject to suspension and the minimum period of imprisonment shall not be subject to suspension but shall, notwithstanding any provision of this section or title to the contrary, be served subject to the provisions of § 4205A(b) of this title.

(c)(1) With respect to any vehicle used in connection with a violation of this section, while the permit or license of the operator was revoked for violation of § 2742 or § 4177 of this title or pursuant to § 2732 of this title, the court, at the time of sentencing the operator for violating this section, may, upon motion by the State, order the said vehicle be impounded for at least 90 days for the first violation of this section, and for at least 1 year for a subsequent violation, provided that a public or private secure storage area may be obtained by the arresting police agency for said vehicle. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the impoundment of such vehicle should cease. Prior to release of said vehicle, the person to whom the vehicle is released shall pay all reasonable towing and storage fees connected therewith. The State and the arresting police agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.

(2) In lieu of impoundment, the number plate or registration plate of any vehicle used in connection with a violation of this section, while the permit or license of the operator was revoked for violation of § 4177 or § 2742 of this title or pursuant to § 2732 of this title, shall be surrendered to the Department for at least 90 days for the first violation of this section, and for at least 1 year for a subsequent violation. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the surrender of said plate should cease.

(d) Notwithstanding the foregoing, if the judge determines that the sole reason that an individual's license was suspended is failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), the provisions of subsections (a) to (c) of this section shall not apply and the penalties of § 2701(e) of this title shall apply, which penalties may be suspended.

36 Del. Laws, c. 10, §§ 78, 80; Code 1935, § 5616; 21 Del. C. 1953, § 2746; 56 Del. Laws, c. 387, § 1; 57 Del. Laws, c. 125; 60 Del. Laws, c. 603, § 1; 63 Del. Laws, c. 430, § 11; 64 Del. Laws, c. 13, § 11; 68 Del. Laws, c. 9, §§ 15, 16; 70 Del. Laws, c. 369, § 1; 72 Del. Laws, c. 231, § 1; 74 Del. Laws, c. 106, §§ 30, 31; 74 Del. Laws, c. 285, § 3.;

(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.;

(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.;

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.;

(a) A person or company shall not duplicate, reproduce, alter or counterfeit a Delaware driver license or identification card or a driver license or identification card issued by an authorized issuing agency from another state.

(b) A person or company shall not sell, offer for sale, manufacture or distribute a driver license or identification card document that is similar in design, shape, size or color to any driver license or identification card issued by the Delaware Division of Motor Vehicles or by an authorized driver license and/or identification card issuing agency from another state. This includes any driver license or identification card that uses the word "Delaware" or any other state name or has the words "not issued by a government agency" or similar words.

(c) It shall be unlawful to present fraudulent personal identification source documents, state issued driver licenses or state issued identification cards when applying for a Delaware driver license or identification card. If the Division of Motor Vehicles has reason to believe the documents provided by an applicant are fraudulent after physically examining the documents and/or by using an electronic verification process, the Division shall confiscate the documents, deny the transaction, and provide the documents to a law-enforcement officer or Division investigator. The investigator may recommend prosecution, deny issuance of the document, return the confiscated documents to the applicant, or take any other action deemed appropriate. The applicant may request an administrative hearing to challenge the Division's decision to retain the confiscated documents or to continue denial of the driver license or identification card based on the presentation of the questioned documents.

(d) Identification documents produced by other State of Delaware agencies are exempt from this section.

(e)(1) Any person convicted of a violation of subsection (a) or (c) of this section shall be fined not less than $500, nor more than $1,500 or imprisoned not less than 30 days, nor more than 60 days. In addition, the person shall have that person's driver license and/or driving privileges suspended for a period of 1 year.

(2) Any person convicted of a violation of subsection (b) of this section shall be guilty of a class G felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.

(f) When a driver license and/or driving privileges is/are suspended pursuant to this section, the applicant shall not be eligible for a conditional license, work license or any other type of hardship license during the suspension period.

66 Del. Laws, c. 410, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 172, § 1.;