What Are Delaware Traffic Court Records?

Delaware Traffic Court Records refer to files containing comprehensive information on motor vehicle violations handled in Delaware traffic courts. The documents may contain the motorist offender's information, traffic ticket charges, citations, exhibits, and case dockets. A Custodian is responsible for managing and preserving the records.

Which Courts in Delaware Have Jurisdiction to Hear Traffic Violation Matters?

In Delaware, the Justice of the Peace Court and the Court of Common Pleas Traffic Court in New Castle County have concurrent jurisdiction to hear traffic violation matters. Part of the state's judicial system is that they're authorized by statute to hear and exact judgment on offenders who violate the state's motor vehicle laws and regulations. The Justice of Peace Court has original jurisdiction over Delaware traffic violations and infractions, including traffic offenses committed by juveniles aged 16 to 17 or older. Given that the violation is not within the Family Court's jurisdiction. In more severe cases, such as felony overspeeding in Delaware, the matter may be elevated and prosecuted under higher criminal court procedures.

Ticketed motorists convicted in the Justice of Peace Court can appeal to transfer their cases to the Court of Common Pleas Traffic Court. The Court of Common Pleas Traffic Court has a distinct procedure where it combines the arraignment and trial into one court appearance to expedite the trial process, and it can accept appeals except for motor vehicle violations that involve driving after judgment prohibited and driving under the influence.

Delaware Traffic Ticket Lookup

The Delaware Justice of the Peace Courts generally process traffic tickets in Delaware, and in some cases, the Court of Common Pleas in New Castle County. A ticket may be paid through the voluntary assessment system if eligible, which allows for payment without appearing in court. If a ticket is contested or remains unpaid, the case is referred to court for resolution, and further consequences such as additional fines or a license suspension may follow. To look up a traffic ticket, an individual must contact the court where the matter is being handled, either in person or by submitting a written request. Case details, including fines and deadlines, are only accessible through these official court channels.

What to Do When You Get a Traffic Ticket in Delaware

Delaware residents and nonresidents can get traffic tickets if they fail to comply with the state's motor vehicle laws. Delaware statute gives law enforcement officers the authority to ticket any motorist believed to have committed a motor vehicle violation. This includes running a red light, speed violations, driving without a seatbelt, disregarding traffic direction orders, illegal overtaking, and any other moving or non-moving violation.

An individual who breaks a traffic law is issued a traffic ticket by a law enforcement officer. They may request the ticket to be a voluntary assessment, or the arresting officer may offer it. This action gives the individual two options:

• They may pay the traffic ticket without a trial, or
• They may choose the not-guilty/ contest plea and go to trial to defend the allegation(s)

When a traffic ticket is not classified as a voluntary assessment, the driver is required to appear in court to answer for the violation, without fail, at the time, date, and location stated on the summons.

Persons who fail to answer a summons to appear in court or pay a voluntary assessment ticket fee are liable to face consequences. If they fail to answer a summons, they may be liable to pay a fine not under $25 or over $50 for a first offense. For consequent offenses, motorists may be liable for a fine of not under $50 or over $100. They may also be imprisoned between 2 and 15 days, or both if they fail to pay a voluntary assessment ticket, a suspension of the individual's driver's license or permit, or driving rights in the State of Delaware.

How Do I Pay a Traffic Ticket in Delaware

Individuals who want to make a full payment of a voluntary assessment traffic ticket in Delaware to the Justice of the Peace Court may do so within 30 days of ticket issuance using these methods:

• Individuals may visit the closest Justice of the Peace Criminal Court with a copy of the ticket to make payment
• They may enclose the fine and a copy of the ticket, and mail it to:

State of Delaware
Voluntary Assessment Center
P.O. Box 7039
Dover, DE 19903

The ticket contains a mailing address, which may be as stated above:

• They may pay by faxing a copy of the ticket to (302) 739–7590
• Persons with information such as the offender's last name and ticket/case number may pay online through the ePayment platform or call (302) 739–6911.
• Using the same case information, they may also pay in any kiosk location with cash, credit, or debit card (Mastercard, Discover, or Visa).

Anyone unable to pay the complete fine for a voluntary assessment may contact the Voluntary Assessment Centre on (302) 739–6911. The court may set up a payment plan when this inability occurs after a hearing where an individual was found guilty.

Payment of the full fine of a voluntary assessment ticket may benefit the offender as follows:

• No demerit points are assessed on his/her driver's license by the Division of Motor Vehicles (DMV). If it was a speeding violation under 14 miles/hr over the speed limit and the individual has no preliminary convictions of speeding violations within 3 years.
• No unpaid traffic tickets show up in/their driving records when an insurance company wants to offer a policy.

How Do I Find a Delaware Traffic Court Record?

Most Traffic Cases are treated as criminal offenses in the State of Delaware. Persons who want to find a Delaware Traffic Court Record may seek access at a Justice of the Peace Criminal Court location where the record is located during business hours. This request may carry sufficient information about the case and can be made in writing, in person, via mail, or fax to the appropriate addresses/ fax numbers.

The interested party may also attach the Application to Access Records form, filled with adequate information about the case, to the request. An individual who wishes to make copies of a record shall bear the resulting fees. The court determines these fees. The Court of Common Pleas Traffic Court also uses similar record access procedures, but with the exception that requests are directed in person or by mail to the Records Custodian of the Court at:

Leonard L. Williams Justice Center
(formerly New Castle County Courthouse)
500 North King Street
Wilmington, DE 19801

Additionally, publicly available records may be accessible from some third-party websites.These websites offer the benefit of not being limited by geographical record availability and can often serve as a starting point when researching a specific or multiple records. To find a record using the search engines on these sites, interested parties may provide:

• The name of someone involved, provided it is not a juvenile.
• The assumed location of the record in question, such as a city, county, or state name

Third-party sites are not government-sponsored websites; record availability may differ from official channels.

How to Contest a Traffic Ticket in Delaware Traffic Courts

Any individual who wishes to contest/plead not guilty on a voluntary assessment traffic ticket may fax or mail an answer to contest on the signed ticket to the Justice of Peace Court location (or Court of Common Pleas Traffic Court) as indicated on the ticket. They should place a call of confirmation to (302) 739–6911 after faxing the ticket. Once they return the ticket to the applicable courthouse, the court sends a notice to the individual indicating when and where they are required to appear before any of the Traffic Courts.

Note: Persons who have been issued a summons cannot choose to contest a ticket. Law requires them to appear at court at the time, date, and location specified on the summons.

Delaware Driving Record Check

The Delaware Division of Motor Vehicles (DMV) provides driving records that include a driver's history of violations, license status, and other related information. Records are available for three years, five years, or as a full history, and each request carries a $25 fee. A record can be obtained online through the state's MyDMV portal, in person at any DMV office, or by mail. Mail requests require completion of the DMV's Personal Information Release Form (MV703), which must be notarized and submitted with the fee as a check or money order.

Obtaining Another Person's Driving Record

Delaware law protects personal driving records, which third parties cannot access freely. To obtain another individual's driving record, the requester must either have explicit notarized consent from the driver using the MV703 form or qualify under a statutory exemption that allows access without permission, such as for specific legal or insurance purposes. Without such consent or authority, requesting or obtaining another person's driving record in Delaware is unlawful. The DMV enforces these protections strictly to safeguard driver privacy and prevent unauthorized use of personal data.

Free DMV Driving Records in Delaware

There are no free official driving records available in Delaware. All requests submitted to the DMV, whether online, in person, or by mail, require payment of the standard $25 fee. While third-party websites may advertise free records, these are not official DMV documents and are often inaccurate or incomplete. Only the Delaware DMV can issue valid, state-certified driving records, and individuals seeking accurate information must use the official channels and pay the required fee.

What to Expect in a Delaware Traffic Court

The judicial process in Delaware varies depending on the kind of court that hears the case. Traffic violations are typically heard by both the Justice of the Peace Court and Common Pleas Traffic Courts.

The Trial Process in the Justice of the Peace Court

A majority of traffic violations are tried as criminal offenses in Delaware.

Individuals who are to be arraigned before the Justice of the Peace Court are required to have the documents necessary to defend their case. These may include the ticket number and proof of documents, such as license registration or insurance, when the offense occurred.

They may also bring their own witnesses.

Anyone found guilty may have fines assessed against them, and per the DMV policies, they may have demerit points assessed on their licenses.

Convicted persons fined more than $100 or given a prison sentence may appeal to the Court of Common Pleas Traffic Court within 15 days of their conviction.

The Trial Process in the Court of Common Pleas Traffic Court

The Court of Common Pleas Traffic Court will most likely try a Traffic case on a Tuesday, as the court is in session on that day. A defendant with an exceptional need to postpone the trial is required to notify the court in writing three days prior.

The procedures in this Traffic Court benefit the defendant as the court combines arraignment and trial of most traffic cases into one appearance to hasten the trial process. As such, individuals may be tried and/or prosecuted on the same day. Defendants are required to procure the documents necessary for the case. At the courthouse, the individual may speak with the Deputy Attorney General about the possible results of a guilty plea. If the individual takes the plea, they may not request a trial, and their case may be resolved quickly.

Individuals not taking the plea may be brought to court on the same day. They may appear with their own witnesses. The defendants have the right to be represented by a Public Defender, provided they schedule an interview at the Courthouse 5 days before their court appearance; however, not all traffic cases are eligible.

A defendant who speaks another language may also schedule an interpreter for court proceedings at the Courthouse 7 days before their court date. If the individual is found guilty after trial, they are required to make full payment at the Office of Cost and Fines. If they cannot, the court may draw up a payment plan.

How to Prepare for Traffic Court in Delaware

Traffic court in Delaware operates within the Justice of the Peace Court system, governed by Title 21 of the Delaware Code. One unique aspect of preparing for traffic court in Delaware is the opportunity for defendants to participate in a traffic mediation program. This program allows individuals to discuss their case with a court-appointed mediator in an effort to reach a mutually acceptable resolution without going to trial. Understanding the procedures for requesting mediation and preparing for the mediation session can be important steps in navigating Delaware's traffic court system.