Delaware Motion to Dismiss Traffic Citation

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-03341BG

Format:

Instant download

Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:

" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.

The prosecution will have to prove each element of the infraction.

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How to fill out Motion To Dismiss Traffic Citation?

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FAQ

The Delaware Judiciary is composed of the Supreme Court, the Court of Chancery, the Superior Court, the Family Court, the Court of Common Pleas, the Justice of the Peace Court, and related judicial agencies. In terms of interrelationships among the courts, the Delaware Court system is similar to a pyramid.

If you filed a Petition and the Respondent(s) has filed an answer/entered an appearance, but agrees to dismiss the case, you may file a Stipulation of Dismissal (Form 520). This stipulation must be signed by all parties who have filed a pleading or have come to Court for the case.

The traffic ticket and Notice to Appear You can get a traffic ticket for minor driving offenses or equipment violations, like running a red light, speeding, or having a broken tail light. These types of tickets are handled in traffic court.

They are: Option 1 - Pay Your Ticket. In Delaware this is called a ?voluntary assessment? as opposed to most states who call it not guilty or no-contest. ... Option 2 ? Plead Not Guilty. ... Option 3 ? Appeal Your Case. ... Taking on Online Driving Course.

Justice of the Peace Court is the court for very minor misdemeanors and traffic tickets. Court of Common Pleas handles just about every misdemeanor charge. CCP also runs a traffic court. Most DUIs, unless they are felonies, are handled in the CCP as well.

If you plead NOT GUILTY, you must sign the bottom portion of the citation indicating a not guilty plea and pay the required collateral. Generally, the collateral equals the total amount due PLUS court costs. If you cannot afford the total collateral required, you must contact the appropriate Magisterial District Court.

Superior Court has statewide original jurisdiction over criminal and civil cases, except equity cases, over which the Court of Chancery has exclusive jurisdiction, and domestic relations matters, which jurisdiction is vested with the Family Court.

Justice of the Peace Court is authorized to hear certain misdemeanors and most motor vehicle cases (excluding felonies) and may act as Committing magistrates for all crimes. Appeals may be taken de novo to Court of Common Pleas in criminal and civil cases, except landlord/tenant possession cases.

Delaware Motion to Dismiss Traffic Citation

Description

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How to fill out Motion To Dismiss Traffic Citation?

Form popularity

FAQ

What are the different court systems in Delaware?

What is a stipulation of dismissal in Delaware?

Which court handles most traffic violation cases?

How do I get out of a speeding ticket in Delaware?

What court or courts handle criminal and traffic arrangements in Delaware?

How do I plead not guilty to a traffic ticket in Delaware?

What is the difference between the Delaware Chancery court and the Superior Court?

What is JP court in Delaware?

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Delaware Motion to Dismiss Traffic Citation

Description

Related forms

Viewed forms

How to fill out Motion To Dismiss Traffic Citation?

Form popularity

FAQ

What are the different court systems in Delaware?

What is a stipulation of dismissal in Delaware?

Which court handles most traffic violation cases?

How do I get out of a speeding ticket in Delaware?

What court or courts handle criminal and traffic arrangements in Delaware?

How do I plead not guilty to a traffic ticket in Delaware?

What is the difference between the Delaware Chancery court and the Superior Court?

What is JP court in Delaware?

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