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  1. #1
    Join Date
    Nov 2008
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    Default Driving Off Roadway

    My question involves criminal law for the state of: Delaware

    I was issued a citation back in June and have my court date coming up. I was wondering if I could get some advice on what to expect.

    I was traveling on a two-lane highway near my home, traffic in front of me slowed considerably as I approached my right turn. I got over onto the right shoulder before the (short) turn lane began, saw lights in my mirror and was stopped by county police. (Not that it makes it ok, but it is very difficult to decelerate from 50, the speed limit, to a safe turning speed in the lane provided.)

    I was issued a citation for "DR OFF ROADWAY, MAIN TRAVELED PORTION/LANES" and " FAILURE TO HAVE INSURANCE IDENTIFICATION IN POSSESION." (I had my old card which had just expired and my new card with me but handed the officer the wrong card, when he came back I told him that I made a mistake but he wouldn't even look at the correct card) No fine or other information is given, just that this is a mandatory court appearance.

    I got the case transfered from the Justice of the Peace Court where it was scheduled to the Court of Common Pleas at the main county courthouse.

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Driving Off Roadway

    What statute numbers are you charged under?

  3. #3
    Join Date
    Nov 2008
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    Default Re: Driving Off Roadway

    DE214117000A - Driving O/than Lane

    DE212118000P - Insurance Card

  4. #4
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    Default Re: Driving Off Roadway

    Quote Quoting skovaler
    View Post
    DE214117000A - Driving O/than Lane

    DE212118000P - Insurance Card
    Those are not statute numbers.

  5. #5
    Join Date
    Nov 2008
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    Default Re: Driving Off Roadway

    Summons gives those numbers. Ticket Says:

    DE 21 § 4117 000A M

    DE 21 § 2118 000P M

  6. #6
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    Jul 2006
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    5,437

    Default Re: Driving Off Roadway

    § 4177. Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties [Effective July 10, 2007]

    etc.


    Were you drunk?

  7. #7
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    Nov 2008
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    Default Re: Driving Off Roadway

    No, I was not drinking. No mention of alcohol.

    It's § 4117 not 4177

  8. #8
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    Jul 2006
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    Default Re: Driving Off Roadway

    Show up with valid insurance documentation.

    The other statute is this:

    § 4117. When overtaking on the right is permitted.

    (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under conditions permitting such movement in safety. In no event, except as permitted in subsection (c) of this section, shall such movement be made by driving off the roadway, main traveled portion or regular moving traffic lane of the highway.

    (b) Overtaking and passing on the right, except as permitted herein, shall be unlawful:

    (1) When the vehicle overtaken is making or about to make a left turn;

    (2) Upon any roadway which is officially marked for more than 1 traffic lane in 1 direction;

    (3) Upon any roadway on which traffic is restricted to 1 direction of movement and the roadway is of sufficient width for 2 or more lanes of moving vehicles.

    (c) When the vehicle overtaken is making or about to make a left turn, the vehicle approaching from the rear may pass on the right using the shoulder if necessary.

    ( 21 Del. C. 1953, § 4117; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 16.; )

    http://delcode.delaware.gov/title21/...03/index.shtml



    What's your question?

  9. #9
    Join Date
    Nov 2008
    Posts
    10

    Default Re: Driving Off Roadway

    I can't find anything about a fine, penalty, or points.

  10. #10
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    Jul 2006
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    Default Re: Driving Off Roadway

    Quote Quoting skovaler
    View Post
    I can't find anything about a fine, penalty, or points.
    I can't either; that's a pretty confusing site but snoop around there.

    You're in the neighborhood.

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