§ 2802 — “Habitual offender” defined

An “habitual offender” shall be any person, resident or nonresident, whose driving record, as maintained in the office of the Division of Motor Vehicles, shows that such person has accumulated convictions for separate and distinct offenses described in paragraph (1) of this section during a 5-year period or paragraph (2) of this section during a 3-year period, provided, that where more than 1 included offense shall be committed within a 24-hour period, such multiple offenses shall be treated for the purposes of this chapter as 1 offense:

(1)Three or more convictions. —Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:

a. Manslaughter resulting from the operation of a motor vehicle;

b. Using a motor vehicle during the commission of a felony;

c. Driving or having actual physical control of a motor vehicle while under the influence of intoxicating liquor or of any drug, in violation of § 4177 of this title;

d. Driving a motor vehicle without a license to do so, in violation of § 2701(a), (b) or (c) of this title. Notwithstanding the foregoing, if the judge determines that the sole reason that an individual was convicted of a violation of § 2701(b) of this title was because the individual’s driver’s license was suspended, revoked or denied for a failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), then that violation of § 2701(b) of this title may not be considered to establish habitual offense status pursuant to this paragraph (1)d.;

e. Driving a motor vehicle during a period of suspension or revocation, in violation of § 2756 of this title. Notwithstanding the foregoing, if the judge determines that the sole reason that an individual was convicted of a violation of § 2756 of this title was because the individual’s driver’s license was suspended or revoked for a failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), then such violation of § 2756 of this title may not be considered to establish habitual offense status pursuant to this paragraph (1)e.;

f. Driving a motor vehicle in wilful or wanton disregard for the safety of persons or property, in violation of § 4175 of this title;

g. Failure of the driver of a motor vehicle involved in an accident resulting in apparent damage to property to stop at the scene of such accident and report the driver’s identity in violation of § 4201 of this title or otherwise report such accident, in violation of § 4203 of this title;

h. Failure of the driver of a motor vehicle involved in any accident resulting in injury or death to any person to stop at the scene of such accident and report the driver’s identity in violation of § 4202 of this title;

i. Knowingly making any false affidavit or swearing or affirming falsely to any manner or thing required by the motor vehicle laws or as to information required in the administration of such laws;

j. Attempting to flee or elude a police officer after having received a visual or audible signal from the police officer as provided in § 4103(b) of this title;

k. Driving any motor vehicle upon the highways of this State contrary to the restrictions placed upon an occupational license during the period of such occupational license as provided in § 2733(i) of this title.

(2)Ten or more convictions. —Ten or more convictions of separate and distinct offenses involving moving violations singularly or in combination, in the operation of a motor vehicle which are required to be reported to the Department and the commission whereof authorizes the Division or the court to suspend or revoke the privilege to operate motor vehicles on the highways of this State for a period of 30 days or more for each offense and such convictions shall include those offenses enumerated in paragraph (1) of this section when taken with and added to those offenses described.

(3)Inclusions. —The offenses included in paragraphs (1) and (2) of this section shall be deemed to include offenses under any federal law, any law of another state or any valid town, city or county ordinance of another state substantially conforming to a state statutory provision.

(4)Conviction. —For the purpose of this chapter, the term “conviction” shall mean a final conviction, a plea of guilty or a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated.