Draft 2, CASmyth, 10/22/06
Based on Chicago ordinance and State of Delaware legislation
This would be incorporated in the relevant State Statutes regulating vehicle operation and DUI
(a) Except as provided by subsection (b) of this section, no person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone, two way pager, or computer.
(b) The provisions of the ordinance shall not apply to:
(1) Law enforcement officers and operators of emergency vehicles, when on duty and acting in their official capabilities when no other means of communication is available.
(2) Persons using a telephone to call 911 telephone numbers or other emergency telephone numbers to contact public safety forces.
(3) Person using a telephone while maintaining a motor vehicle in a stationary parked position, and not in gear.
(c) Any person who violates subsection (a) of this section shall be subject to a fine of $75, provided however, that if a violation occurs at the time of a traffic accident, the driver will be guilty of inattentive driving and will be subject to additional fines as specified by Section x.
Reckless driving.
(a) No person shall drive any vehicle in willful or wanton disregard for the safety of persons or property, and this offense shall be known as reckless driving.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than $300, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than 60 days, or both. No person who violates subsection (a) of this section shall receive a suspended sentence. However, for the first offense, the period of imprisonment may be suspended. Whoever is convicted of violating subsection (a) of this section and who has had the charge reduced from the violation of (…insert relevant DUI chapter) of this title shall, in addition to the above, be ordered to complete a course of instruction or program of rehabilitation established under (…insert relevant DUI chapter) of this title and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court's record that the offense was alcohol-related or drug-related and such notation shall be carried on the violator's motor vehicle record. (…insert appropriate sections of DUI chapter)*
Aggressive driving.
(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known as aggressive driving.
(b) For purposes of this section, "aggressive manner" shall mean that an individual engages in continuous conduct which violates 3 or more of the following sections:
(1) Section … of this title, relating to obedience to traffic-control devices;
(2) Section … of this title, relating to traffic control signals;
(3) Section … of this title, relating to overtaking on the right;
(4) Section … of this title, relating to driving within a traffic lane;
(5) Section … of this title, relating to following too closely;
(6) Section … of this title, relating to yielding to the right-of-way;
(7) Section … of this title, relating to vehicles entering the roadway;
(8) Section … of this title, relating to use of turn signals;
(9) Section … of this title, relating to stop signs and yield signs;
(10) Section … of this title, relating to overtaking and passing school buses;
(11) Section … of this title, relating to speed restrictions; and
(12) Section … relating to specific speed limits.
(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days, or both, and the person shall have their driving privileges suspended for a period of 30 days.
(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving. The Secretary shall administer such courses and programs and adopt rules and regulations therefore, and shall establish a schedule of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection (c) of this section.
(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive driving and 1 or more underlying offenses as defined elsewhere by the laws of the State. (insert relevant state code citations)
Careless or inattentive driving.
(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, shall be guilty of careless driving.
(b) Whoever operates a vehicle and 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.
(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both. (insert appropriate state code citations)
Operation of a vehicle causing serious injury** or death; unclassified misdemeanor.
(a) A person is guilty of operation of a vehicle causing serious injury or death when, in the course of driving or operating a motor vehicle or OHV in violation of any provision of this chapter other than [DUI section] of this title, the person's driving or operation of the vehicle or OHV causes the serious injury or death of another person.
(b) Operation of a vehicle causing serious injury or death is an unclassified misdemeanor.
(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing serious injury or death shall for the 1st offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under this section the person shall be fined not more than $2,300 and imprisoned not more than 60 months.
(d) The [relevant state level] Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age or older. Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction of another court and which may be joined properly with a violation of this section is deemed to be within the original and exclusive jurisdiction of the [relevant state level] Court. (insert appropriate state code citations)
* Fines need to reflect what is current state law with respect these offenses
** Serious injury needs to be defined