2 Del. Admin. Code § 2206-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2206-4.0 - Substance of Policy

4.1 Upon receipt of a first conviction for a violation of 21 Del.C. § 4103 (b) the driver's license and/or driving privilege shall be revoked for a period of one (1) year.

4.2 Upon receipt of information that a first conviction involved a high speed chase, injury to a police officer(s) or to other person(s), the driver's license and/or driving privilege shall be revoked for a period of two (2) years, provided a written request and copy of the police report is received from law enforcement, the court, or the Department of Justice.

4.3 An administrative hearing may be requested within 30 days of the effective date of the revocation for the action taken under 4.2 above. The scope of the hearing will be as follows:

4.3.1 Determine if the petitioner was charged with a violation of 21 Del.C. § 4103 (b) and was convicted of said violation.

4.3.2 Determine if the Division received a written request and copy of the police report from law enforcement, the court, or the Department of Justice requesting a two (2) year revocation based on a high speed chase or injury to police officers) or other(s).

4.4 Upon receipt of a second or further subsequent conviction the driver's license and/or driving privilege shall be revoked for a period of three (3) years.

4.5 No administrative hearing may be requested for a one (1) year or three (3) year revocation action as they are required by statute.

2 Del. Admin. Code § 2206-4.0