The Law and You

50 Ways to Lose Your License

If you really think about it, your Delaware Driver's License is one of your most valuable possessions. Without it, you may not be able to get or keep a job you want, your ability to adequately care for your children will be affected, your activities of daily living will be curtailed and your social life will likely be non-existent. Just as in the song, there are 50 (or more) ways to lose your Delaware's drivers license. Here are just a few:

1. Four year license loss for conviction of manslaughter or vehicular homicide, first degree.

2. Three year license loss upon conviction of vehicular homicide second degree or criminally negligent homicide.

3. Two years license loss upon conviction of assault, first degree or assault, second degree involving a motor vehicle.

4. One year license loss upon conviction of vehicular assault, second degree.

5. DUI.

6. Filing a false affidavit or committing any perjury in connection with the registration of a motor vehicle.

7. Any felony involving use of a motor vehicle.

8. Conviction of three charges of reckless driving all within 12 months.

9. Conviction of failing to stop and disclose identity at the scene of a personal injury accident.

10. Conviction of fleeing or alluding a police officer after having received a signal to stop.

11. Failing to pay a traffic offense fine -- suspension until the fine and costs have been paid. (If you don't live in Delaware but fail to pay Delaware traffic fines, Motor Vehicle will notify the Motor Vehicle Department of your home State and request that your license to drive issued by that State be suspended until the fines are paid.)

12. Upon notice of child support delinquency as long as the delinquency remains outstanding. No occupational license is permitted.

13. Upon expulsion from a public school for as long as one is expelled.

14. Department of Motor Vehicle may suspend your drivers license, even without a hearing, when Motor Vehicle has "reason to believe" that you:
(a) Have committed any offense which, upon conviction would carry a mandatory license loss.
(b) If you have by reckless or unlawful operation of your vehicle caused or contributed to an accident resulting in death or injury to any other person or serious property damage.
(c) If you are incompetent to drive or are afflicted with mental or physical infirmities rendering it unsafe for you to drive.
(d) If you are an habitual reckless or negligent driver or a motor vehicle or you have committed "a serious violation of the Motor Vehicle laws of this State".
(e) If you have committed fraud in applying for a drivers license or identification card.
(f) If you have driven another person's vehicle without the consent of the owner intending to temporarily deprive the owner of possession of the vehicle.
(g) If you have unlawfully possessed or manufactured fictitious proof of insurance.
(h) If you have evaded payment of tolls on any toll road in this State so long as the fine for such offense remains unpaid.

In the event of any of the foregoing suspensions, which can take place without notice or hearing to you, you may request a hearing to ask the Department of Motor Vehicle to reconsider. Following a hearing, the Department may either lift its Order of suspension or extend it.

All of the foregoing suspensions are for up to one year and if you are caught driving during that period of time without your license having been reinstated, the one year starts anew.

You can get an occupational license during the one year period, provided that you have suffered "an extreme hardship". You cannot have had any more than two prior such suspensions. The occupational license is not available if you have your license revoked mandatorily as set forth above. You also cannot take an occupational license if your license has been suspended for physical and/or mental disabilities.

If you get caught driving in violation of the restrictions imposed on an occupational license you will lose the occupational license and your one year period of suspension will start anew.

Generally, Motor Vehicle will not suspend a license based upon a driving record prior to two years prior to the date of the suspension. They can consider a longer time period, however.

Finally, if you fail to appear in response to a Motor Vehicle Summons, your license can be suspended until you respond to the Summons.


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