You will need to call the Delaware court listed on your traffic ticket to find out what exactly to expect in court when you appear for this speeding ticket.
We can tell you that according to the DE Division of Motor Vehicles violation being convicted of a speeding offense of more than 20 mph over the limit is 5 points on your Delaware driving record and may result in additional actions including suspension.
Since your speed was written up at nearly 40 mph over the 35 mph speed limit you may expect for the harshest of penalties allowed for speeding offenses of this kind since it is categorized as a "serious speeding violation."
The DE DMV notes the following for those that are convicted of serious speeding violations:
- An advisory letter will be sent to a driver when convicted for speeding 20-24 MPH over the posted speed limit.
- The driver will be suspended for one (1) month when convicted of driving 25 MPH over the posted speed limit. The length of suspension will increase by one month for each additional 5 MPH over the initial 25-MPH threshold. The driver may elect to attend the behavior modification/attitudinal-driving course in lieu of license suspension when driving 25-29 MPH over the posted limit. For speeding 30 MPH over the posted limit or more, the suspension is mandatory.
- One-year suspension when convicted of driving 50 MPH or more over the posted speed limit or driving 100 MPH on a highway.
So beyond the fines you will receive for this speeding offense it appears your license will be suspended for a minimum of 3 months. Again contact the court listed on the citation to find out what to expect in court for your serious speeding ticket.