Delaware Code Title 21 Sec. 712 – Uniform Traffic Complaint and Summons
(a) Notwithstanding any other provision of law to the contrary, a Uniform Traffic Complaint and Summons may be issued electronically or in written form. The office may sign the Uniform Traffic Complaint and Summons using an electronic and/or a written signature.
Terms Used In Delaware Code Title 21 Sec. 712
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Whenever a person is detained for commission of an offense under this title or § 5211(a) of Title 30, the arresting officer shall verify the driver’s identification and shall enter identification information from the driver’s license in the Uniform Traffic Complaint and Summons; specify on the Uniform Traffic Complaint and Summons the amount of the fine and whether it may be made by voluntary assessment or whether appearance at the court is required; give a copy to the arrested person; and release such person from custody.
(c) The printed copy of an electronically issued Uniform Traffic Complaint and Summons shall contain a conspicuous statement of the total number of charges on the first page and shall list each individual charge. All charges based on the same arrest shall be issued on the same electronically issued Uniform Traffic Complaint and Summons unless evidence necessitates the subsequent issuance of a warrant.
(d) The Uniform Traffic Complaint and Summons shall be delivered forthwith from the time of arrest to the voluntary assessment center or to the court to which the summons is returnable. The electronic Uniform Traffic Complaint and Summons shall be available for immediate entry in the DELJIS system or its successor.
(e) When a Uniform Traffic Complaint and Summons is issued electronically, any printout or other output readable by sight shall be an original except that once a ticket is sworn to prior to trial, the signed and sworn to ticket shall be the original from that point forward.