Driving During Suspension

Don't Drive If You Have a Suspended Driver's License

If the Delaware Department of Motor Vehicles suspends your driver's license, they mean you shouldn't continue to drive. People who drive with a suspended driver's license could face additional criminal and civil penalties if convicted. At the Law Offices of Francis E. Farren, I help people charged with a driving during suspension.

It is a crime to drive without a valid license in the State of Delaware. If convicted you could be facing harsh penalties. To find out about protecting yourself in these cases, contact my Newark, Delaware, law office for a free consultation.

Consequences of Driving during Suspension

You will face additional penalties if you were caught driving during an alcohol related driving suspension.

If your driver's license is suspended because you failed to pay a civil judgment for failed to pay a fine in court, penalties may be lowered.

If convicted of driving during suspension, your suspension period of your initial charge will double.

• If the reason you were suspended was because of failure to pay a fine, pursuant to 21 Del.C. §2756(d), your penalties are lowered as follows: 1st offense: a fine ranging from $50.00 to $200.00; subsequent offense: a fine ranging from $100.00 to $500.00 and/or imprisonment for a term not to exceed 6 months.

• If the reasons you were suspended was because of a failure to pay a civil judgment, pursuant to 21 Del.C. §2971, your penalties are lowered as follows: a fine up to $575.00 and/or imprisonment not to exceed 6 months.

Four Important Notes:

(a) In addition to these penalties, pursuant to 21 Del.C. §2733(f), if you are convicted of Driving During Suspension, the Department of Motor Vehicles will double your period of suspension up to a maximum of one year. If the reason you were revoked was because you were declared a "habitual offender" (5-year revocation), there will be no additional revocation period added.

(b) If, during a 5-year period, you obtain three or more convictions of the following offenses, you may be declared a "habitual offender" and your license may be revoked for a period of 5 years: Manslaughter resulting from the operation of a motor vehicle; using a motor vehicle during commission of a felony; Driving Under the Influence of Alcohol (§4177); Driving Without a License (§2701(a)), Failure to Reinstate License (§2701(b)); Driving During Suspension (§2756); Reckless Driving (§4175); Failure to Stop and Report Property Damage Accident (§4201); Failure to Stop and Report Personal Injury Accident (§4202); Making a False Affidavit; Failure to Obey a Police Officer (§4103(b)); and Violation of a Restricted Occupational License.

(c) Pursuant to 21 Del.C. §2736, in any prosecution for this offense, the Prosecution must show that you received notice of the revocation/suspension. This is usually done by an affidavit from a person stating how notice was given to you. It is very important, therefore, that you tell me (1) whether you received such notice, (2) when you received such notice, and (3) how you received such notice.

Driving After Judgment Prohibited — Habitual Offenders

A habitual offender is a person who loses a driver's license for five years for a serious driving offense. If found after being declared a habitual offender, they face additional penalties.

First Offense — Fine of $1,150 and three months to 30 months in jail (90 days mandatory).

Second and Subsequent Offense — Fine of $2,300 and a prison term of six months to five years (six months is mandatory).

To learn more about your options when dealing with charges related to driving during suspension, contact me at the Law Offices of Francis E. Farren by emailing or calling 855-566-8484 or 302-525-0087 for a free consultation.