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DE HB328
Bill
Status
4/28/2022
Primary Sponsor
Kimberly Williams
Click for details
AI Summary
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Expands the prohibition on drag racing and speed exhibitions to include tire spinning, smoke production, and visible tire marks, whether the vehicle is stationary or in motion, with exceptions during inclement weather unless conduct shows willful or wanton disregard for safety.
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Establishes mandatory vehicle impoundment for 72 hours upon arrest or citation, with early release permitted only if the owner (not the arrestee) claims the vehicle and meets conditions including valid driver's license, proof of ownership, and insurance.
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Increases penalties to an unclassified misdemeanor for first offense (includes 16 hours community service) and class A misdemeanor for subsequent offenses within 5 years (includes 40 hours community service), with driver's license suspension up to 6 months for first offense and 1 year for subsequent offenses.
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Authorizes courts to order impoundment of vehicles for up to 90 days (first violation) or 1 year (subsequent violation), or alternatively to seize registration plates for the same periods, with vehicle forfeiture possible if the violation involves serious injury, death, or a second DUI offense.
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Allows law enforcement to arrest for § 4172 violations based on personal observation, video surveillance, or information from another officer, and permits vehicle forfeiture under Title 11 Chapter 23 when violations meet specified criteria including injury or death.
Legislative Description
An Act To Amend Title 21 And Title 11 Of The Delaware Code Relating To Drag Racing And Other Dangerous Operations Of Motorized Vehicles.
Last Action
Signed by Governor
4/28/2022