Delaware Code Title 21 Sec. 808 – Forwarding of names to the Division of Motor Vehicles
(a) Except as to persons operating a commercial motor vehicle in violation of § 4176C of this title, § 703A of this title shall not apply to persons found responsible for civil traffic offenses. No record of a finding of responsible for a civil traffic violation shall be forwarded to the Division of Motor Vehicles and no entry shall be made on the person’s driving record for a civil traffic violation.
Terms Used In Delaware Code Title 21 Sec. 808
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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) The court, voluntary assessment center or other authorized entity shall forward to the Division of Motor Vehicles the name and address of a person who has:
(1) Been found responsible in court for a civil traffic offense and been ordered to pay a civil penalty, costs, or both, and who fails to pay such civil penalty, costs, or both at the time of the order or in accordance with a payment schedule;
(2) Failed to either pay the voluntary assessment within the time specified on the summons or notice or notify the court or other authorized entity within the required time, that the person wishes to have a hearing on the charge, or, submit an affidavit stating that the person was not the driver, if applicable; or
(3) Has requested a trial on the charge and has failed to appear at the time and place set for trial.
75 Del. Laws, c. 204, § ?1; 70 Del. Laws, c. 186, § ?1; 78 Del. Laws, c. 279, § ?2;