§ 809 — Suspension of license

When a person’s name and address is forwarded to the Division of Motor Vehicles pursuant to § 808(b) of this title and the offense was one for which the person received personal service of the notice or summons, or the offense was one for which service was made by mail and the person has either requested a hearing and failed to appear or been found responsible for the offense and failed to pay the civil penalty, costs, or both, either at the time of the order or in accordance with a payment schedule, the Division of Motor Vehicles:

(1) Shall forthwith suspend the driver’s license of a resident of this State, unless the person’s name and address was forwarded to the Division of Motor Vehicles under § 709(j) of this title, in which case the provisions of § 709(j) of this title shall apply.

(2) May suspend the driving privileges in this State of a nonresident of this State and immediately advise the motor vehicle administrator of the state in which the person is a resident that the person’s license to drive be suspended until proof is provided that the person has paid the civil penalty, costs, or both, has appeared in court following a default in appearance or payment and made arrangements to pay the civil penalty, costs, or both, or has had a default judgment vacated and been found not responsible.

Legislative History

75 Del. Laws, c. 204, § 1 ; 80 Del. Laws, c. 137, § 2 ; 80 Del. Laws, c. 201, § 1