Driving Without Regard to Hazards In Delaware
Sec. 4168. General speed restrictions.
(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and without having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway, in compliance with legal requirements and the duty of all persons to use due care. 1
State v. Rundquist, Del.(1975);
Bass v. Horizon Assurance Co., Del. Supr., 562 A.2d 1194, 1197 (1981) (Delaware Supreme Court opined that driving at an highly excessive speed poses a high degree of risks to motorists);
State v. Maxwell, Del. Super (1993).
The State has a burden of proving the instant charge beyond a reasonable doubt. 11 Del. C. 301. Each element of the above referenced offense must be proven beyond a reasonable doubt. It is the State's burden. State v. Wolf, Del. Gen. Sess., 66 A. 739 (1907).
As established case law indicates, a reasonable doubt is not a vague, whimsical or merely possible doubt, "but such a doubt as intelligent, reasonable and impartial men may honest entertain after a careful examination and conscientious consideration of the evidence in the case." State v. Matushefske, Del. Supr., 215 A.2d 443 (1965).
A reasonable doubt means "a substantial, well-founded doubt arising from a candid and impartial consideration of all the evidence or want of evidence." State v. Wright, Del. Gen. Sess., 79 A.2d 399 (1911).