Delaware § 702 Failure to answer summons; penalty

Delaware Statutes

§ 702 — Failure to answer summons; penalty

Delaware·Title 21·Part General Provisions·Ch. 7 ENFORCEMENT; ARREST, BAIL AND APPEAL

(a)Whoever fails to answer any summons to appear in any court of competent jurisdiction to answer for any violation of the motor vehicle laws of this State, after notice thereof served personally or securely fastened to the motor vehicle of which such person is the owner or operator, shall be fined, for the first offense, not less than $25 nor more than $50. For each subsequent like offense, such person shall be fined not less than $50 nor more than $100, or imprisoned not less than 2 nor more than 15 days or both.

(b)The offense set forth in subsection (a) of this section above shall not be charged in any case in which a court of competent jurisdiction has already issued a capias or bench warrant for the failure to answer the original summons, or in any case where the defendant’s drive

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(a) Whoever fails to answer any summons to appear in any court of competent jurisdiction to answer for any violation of the motor vehicle laws of this State, after notice thereof served personally or securely fastened to the motor vehicle of which such person is the owner or operator, shall be fined, for the first offense, not less than $25 nor more than $50. For each subsequent like offense, such person shall be fined not less than $50 nor more than $100, or imprisoned not less than 2 nor more than 15 days or both.

(b) The offense set forth in subsection (a) of this section above shall not be charged in any case in which a court of competent jurisdiction has already issued a capias or bench warrant for the failure to answer the original summons, or in any case where the defendant’s driver’s license or driving privileges have been suspended as a result of failure to pay the summons through voluntary assessment pursuant to § 709(j) of this title.

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Legislative History

36 Del. Laws, c. 10, §§ 141, 145 ; 40 Del. Laws, c. 38, § 4 ; Code 1935, §§ 5679, 5683; 45 Del. Laws, c. 292, § 2 ; 48 Del. Laws, c. 195 ; 21 Del. C. 1953, § 703; 65 Del. Laws, c. 503, § 2 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 18, § 1