Delaware § 2736 Notice; evidence of motor vehicle records

Delaware Statutes

§ 2736 — Notice; evidence of motor vehicle records

Delaware·Title 21·Part Registration, Title and Licenses·Ch. 27 Driver’s License·Subch. Suspension or Revocation

(a)Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license.

(b)Such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person’s address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice.

(c)In any prosecution under this chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection (b) of this section may be made by:

(1)The certificate of any officer or employee of the Department;

(2)An affidavit of any person over 18 year

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(a) Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license.

(b) Such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person’s address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice.

(c) In any prosecution under this chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection (b) of this section may be made by:

(1) The certificate of any officer or employee of the Department;

(2) An affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof; or

(3) A computer generated list of those persons whose suspension and/or revocation notices have been electronically processed through a computer interface system of the Department and a court, such list having been generated electronically at the same time the notice is processed by the computer system.

(d) In the event that 1 of the means of proof of the giving of notice enumerated in subsection (c) of this section is utilized, then it shall be unnecessary for any employee or agent of the Department to appear personally in court.

(e) In any prosecution under this Code, a conviction record as maintained in the Division of Motor Vehicles, which has been certified by the Director of the Division of Motor Vehicles, may be admitted into evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein and of the status of that person’s driving license and/or privileges. It shall be unnecessary for any employee or agent of the Department to personally appear for the admission into evidence of such conviction record in any proceeding under this Code.

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Legislative History

21 Del. C. 1953, § 2736; 50 Del. Laws, c. 411, § 1 ; 58 Del. Laws, c. 511, § 46 ; 69 Del. Laws, c. 368, § 1 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 416, §§ 1-3