Section 4172 - Speed exhibitions; drag races and other speed contests(a) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration and no person shall aid, abet, promote, assist or in any manner participate in any such race, competition, contest, test or exhibition. (b) No person shall accelerate or try to accelerate a vehicle, or any of its tires, regardless of whether the vehicle is stationary or in motion, at a rate which causes the drive wheels to spin or slip on the road surface, to produce smoke from tire slippage, or to leave visible tire acceleration marks on a highway, ground, or other surface. This subsection shall not apply during periods of inclement weather, unless such conduct is done in willful or wanton disregard for the safety of persons or property.(c) No owner or person in charge of a vehicle shall permit that vehicle or any vehicle under the person's control to be used by another person for any of the purposes listed in subsection (a) or (b) of this section. If any vehicle is used in violation of this section and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held prima facie responsible for such violation.(d) (1) A violation of this section is an unclassified misdemeanor for the first offense. For a first offense, any sentence shall also include 16 hours of community service either as a condition of probation or pursuant to § 4204(m) of Title 11. A subsequent like offense is a class A misdemeanor. For a subsequent offense, any sentence shall also include 40 hours of community service either as a condition of probation or pursuant to § 4202(m) of Title 11. Any fine imposed may not be suspended. Upon receiving notice of a conviction for a first offense, the Secretary shall forthwith suspend the driver's license of the person convicted, for a period of 6 months. Upon receiving notice of a conviction of a subsequent like offense, the Secretary shall suspend the driver's license for a 1-year period. Notwithstanding the foregoing, there shall not be a suspension of driver's license upon conviction for a first offense under subsection (b) of this section. (2)a. Whenever a person is arrested or issued a citation for a violation of this section, the issuing or arresting law enforcement agency shall impound the vehicle used in the offense. A law enforcement officer may elect not to impound the vehicle, if there is an emergency or medical necessity jeopardizing life or limb, or if the law enforcement officer is presented with exigent circumstances, including resource constraints. b. A vehicle impounded pursuant to this section shall be impounded for a period of 72 hours after the time of arrest or citation, or until such later time as the person claiming the vehicle meets the conditions for release listed in paragraph (d)(2)d. of this section. This section does not otherwise limit any other provisions of the Code that govern the lawful seizure of vehicles or evidence.c. A vehicle impounded pursuant to this section may be released to a person other than the arrestee prior to the end of the impoundment period only under one of the following conditions: 1. The arrestee does not own and has not leased the vehicle, and the person who owns or leases the vehicle claims the vehicle and meets the conditions of release set forth in paragraph (d)(2)d. of this section.2. The vehicle is owned or leased by the arrestee and the arrestee gives permission to another person, who has provided written acknowledgment that he/she is responsible for not allowing the arrestee to drive the motor vehicle during the balance of the impoundment period, and the conditions for release in paragraph (d)(2)d. of this section are met. Should another person obtain the early release of an impounded vehicle under this paragraph and the arrestee thereafter drives, operates, or is in actual physical control of the vehicle during the balance of the 72-hour period of impoundment, the person that obtained the early release of the vehicle shall be guilty of a violation and subject to a $200 fine, which shall not be suspended. In any such prosecution under this paragraph, the State does not need to present a copy of the written acknowledgement.d. A vehicle impounded pursuant to this section shall not be released unless all of the following conditions are met: 1. The claimant presents a valid driver's license or other photo identification, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle. If the vehicle will be driven out of impoundment, the claimant must have a valid driver's license or be accompanied by a person with a valid driver's license. If the vehicle is an ATV or OHV, proof of insurance is not necessary.2. The claimant is able to operate the vehicle in a safe manner and would not be in violation of Title 21, Section 4177 (a).3. Any other conditions for release established by the law enforcement agency have been met.4. All reasonable towing and storage fees connected to the vehicle have been paid. The State and the arresting law enforcement agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.(e)(1) This section applies on highways and elsewhere throughout the State including all of the following: a. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public.b. On the premises of any industrial establishment providing parking space for customers, patrons, or employees.c. On any highway under construction or not yet open to the public.(2) This section does not apply on any raceway, drag strip, or other place customarily and lawfully used for speed exhibitions or contests, or any non-residential commercial, industrial, or other property where the participants have received express permission from the owner or the owner's agent.(3) For the purpose of this section, the term "vehicle" includes "all terrain vehicle," "ATV," "Off-highway vehicle," and "OHV" as those terms are defined in § 101 of this title.(4) For purposes of this section, a "subsequent offense" means a new violation of either subsection (a) or (b) occurring within 5 years of the date of any former offense under this section.(f)(1) If a person is found in violation of this section and the vehicle used in the violation is registered to that person or where the registrant permits the use of the vehicle, the court, at the time of sentencing the operator for violating this section, may, upon motion by the State, order said vehicle be impounded for up to 90 days for the first violation of this section, and for up to 1 year for a subsequent violation, provided that a public or private secure storage area may be obtained by the arresting law enforcement agency for said vehicle. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the impoundment of such vehicle should cease. Prior to releasing said vehicle, the person to whom the vehicle is released shall pay all reasonable towing and storage fees connected therewith. The State and the arresting law enforcement agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.(2) In lieu of impoundment under paragraph (f)(1) of this section, the court may order that the number plate or registration plate of any Delaware-registered vehicle used in connection with a violation of subsection (a) of this section be surrendered to the Department within 72 hours of the issuance of the order, or in accordance with the Department's procedures, for up to 90 days for the first violation of this section, and for up to 1 year for a subsequent violation. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the surrender of said plate should cease. After a person is convicted for a violation of this section, no person shall sell, transfer, or encumber the title to a Delaware-registered vehicle that the person knows is subject to a court order, except in the case of salvage, repossession, or unless first approved by the court that issued the order. The Department may not issue any alternate number plate or registration plate to that vehicle during the period of surrender, unless approved by the court that entered the order or upon presentment of proof of salvage or repossession. Anyone convicted of a violation of this section is prohibited from driving, operating, or being in physical control of the vehicle during the period of surrender absent specific court approval, regardless of any legal or equitable interest they might have in the vehicle.(g) Whenever any vehicle has been used in, or in connection with, the commission of a violation of this section, or in connection with the flight or escape of any person convicted of a violation of this section, and any vehicle involved causes serious physical injury or death to another person during the course of the violation, or its operator is in violation of § 4177(a) of this title as a second offense or higher, the State, pursuant to the procedure governing set forth in Chapter 23 of Title 11 may seek to have forfeited any vehicle involved, whether it be the vehicle or an accomplice vehicle.(h) Nothing in this section shall be construed to preclude or otherwise limit 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 offenses of speed exhibitions, drag races and other speed contests and any other offenses as defined elsewhere by the laws of the State.Amended by Laws 2023, ch. 41,s 1, eff. 5/31/2023.Amended by Laws 2021, ch. 294,s 1, eff. 4/28/2022.21 Del. C. 1953, § 4172; 54 Del. Laws, c. 160, § 1; 56 Del. Laws, c. 315; 57 Del. Laws, c. 670, § 13B; 60 Del. Laws, c. 702, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 12.;