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Car Insurance Question  I have a Delaware driving license. I had an improper driving ticket from Virginia which was recorded in the DE DMV as a careless driving (4176A) ticket - 2 point violation. 2 questions: #1 How long will the violation remain on my driving record? #2 Is this a minor traffic offense or is it considered as a misdemeanour offense?

As you are probably now aware from your out of state ticket situation, Delaware and Virginia are both members of the Drivers License Compact (DLC) and thus share information between their courts and DMV regarding tickets so that the state in which a person is licensed is informed of any out of state traffic violations.

In Delaware calculated points are credited at full point value for the first 12 months from the date of violation. After the initial 12 months have expired, the calculated points will be credited at one-half point value for the next 12 months.

A DE motorist's driving record includes all convictions, even those committed in other states. All DUI sentences are carried on the driving record for a minimum of five years. Other violations stay for 5 years as well since they can be used in defining a driver as a habitual offender.

As for the type of offense careless driving is, in Delaware it depends upon the violation number. You gave 4176A, if that is the correct number according to Motor Vehicle section of the Delaware Code this is number is titled Operation of a vehicle causing death; unclassified misdemeanor.

The definition of 4176A is that a motorist is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle. Operation of a vehicle causing death is an unclassified misdemeanor.

You did not mention the VA ticket was for causing a death so it would appear that perhaps your DE number is really 4176 - careless or inattentive driving. The definition of this offense is a motorist who operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing. Careless driving is further defined as a motorist who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.

The DE Code does not mention if this traffic offense is deemed to be a misdemeanor or a minor traffic violation. You should be able to find out for certain if it is a misdemeanor by contacting the Delaware Division of Motor Vehicles.

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This car insurance question was asked on 9/18/2006
This auto insurance answer was last updated on 3/21/2007
M requested this car insurance solution.
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