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QuestionInsurance Question  I was caught driving with a suspended license in Delaware. What are the fines with that since I never received anything except a court date that I was unable to attend and have not heard back from them since. I am trying to reinstate my license in PA.

AnswerAuto Insurance Answer

It really depends upon the part of the Delaware law that you were written up for driving with a suspended license for as to what your penalties will be there. For example under Delaware Code Title 21 section 2701 it states that:

(a) No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this chapter, unless expressly exempt from the licensing requirements.

(b) No person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by this title.

(e) Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200. For each subsequent like offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed 6 months, or both.

More likely though you were cited under Section 2756 of the Delaware Code where it discusses specifically the penalties for driving with a suspended license in Delaware. Here it states

(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 1st 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 1st offense under this section, if the suspension or revocation resulted from a prior or previous driving under the influence-related conviction 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 1st 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 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.

If you were ticketed for driving with a suspended license under this section of DE law than it appears you would be facing a fine of between $500 and $1000 and be imprisoned for between 60 days up to 1 year. You should contact the Delaware court to find out more about what to expect in court and the penalties you may receive. If you have already missed your court date without contacting them to get it moved to a date you could attend than likely you were found guilty of the offense and may have a warrant out for you, so you may need to get legal counsel to help you at this point.

This out of state citation, especially if you failed to appear in court for it, may affect your ability to get your Pennsylvania driver's license reinstated. The Pennsylvania Department of Transportation (PennDOT) could tell you more

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