Title 21 — Motor Vehicles
42 chapters · 351 sections in this title.
21 Del. C. § 2801. Declaration of policy.
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§ 2801. Declaration of policy. It is hereby declared to be the policy of this State to: (1) Provide maximum safety for all persons who travel or otherwise use the public highways of this State; and (2) Deny the privilege of operating motor vehicles on our highways to persons who …
21 Del. C. § 2802. “Habitual offender” defined.
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§ 2802. “Habitual offender” defined. An “habitual offender” shall be any person, resident or nonresident, whose driving record, as maintained in the office of the Division of Motor Vehicles, shows that such person has accumulated convictions for separate and distinct offenses des…
21 Del. C. § 2803. Certification of record to Attorney General.
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§ 2803. Certification of record to Attorney General. The Director of the Division of Motor Vehicles shall certify the conviction record, as maintained in the Division of Motor Vehicles, of any person whose record brings that person within the definition of an habitual offender, a…
21 Del. C. § 2804. Attorney General to initiate court proceeding; petition.
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§ 2804. Attorney General to initiate court proceeding; petition. The Attorney General, upon receiving the abstract from the Director of the Division of Motor Vehicles, shall forthwith file a petition against the person named therein in the Court of Common Pleas in and for the cou…
21 Del. C. § 2805. Service of petition; order to show cause.
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§ 2805. Service of petition; order to show cause. Upon the filing of the petition, the Court of Common Pleas shall enter an order incorporating by attachment the aforesaid abstract and direct the person named therein to appear at a time scheduled by the Court and show cause why t…
21 Del. C. § 2806. Hearing; procedure.
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§ 2806. Hearing; procedure. The matter shall be heard by the Court without a jury. If such person denies that that person was convicted of any offense shown in the abstract necessary for a holding that that person is an habitual offender, and if the Court cannot, on the evidence …
21 Del. C. § 2807. Court’s findings; judgment; prothonotary to submit copy.
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§ 2807. Court’s findings; judgment; prothonotary to submit copy. If the court finds that the person is not the same person named in the abstract, or that the person is not an habitual offender under this chapter, the proceeding shall be dismissed. If the court finds that the pers…
21 Del. C. § 2808. Appeals.
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§ 2808. Appeals. An appeal may be taken from any final action or judgment entered under this chapter in the same manner and form as appeals in civil or criminal actions.21 Del. C. 1953, § 2808; 58 Del. Laws, c. 416.;
21 Del. C. § 2809. Prohibition against issuance of driver’s license or operation of motor vehicle; restoration of privilege.
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§ 2809. Prohibition against issuance of driver’s license or operation of motor vehicle; restoration of privilege. No license to operate a motor vehicle in this State shall be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this …
21 Del. C. § 2810. Driving after judgment prohibited; penalty; jurisdiction.
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§ 2810. Driving after judgment prohibited; penalty; jurisdiction. (a) It shall be unlawful for any person to operate any motor vehicle in this State while the judgment of the Court prohibiting the operation remains in effect. Any person found to be an habitual offender under this…
21 Del. C. § 2811. Determination by the Attorney General.
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§ 2811. Determination by the Attorney General. In any case in which a person is charged with driving a motor vehicle while that person’s license, permit or privilege to drive is suspended or revoked or is charged with driving without a license, the court shall require the Attorne…
21 Del. C. § 2812. No existing law modified.
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§ 2812. No existing law modified. Nothing in this chapter shall be construed as amending, modifying or repealing any existing law of this State or any existing ordinance of any political subdivision relating to the operation of motor vehicles, the licensing of persons to operate …
21 Del. C. § 2813. Computation of number of convictions.
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§ 2813. Computation of number of convictions. In computing the number of convictions, all convictions must result from offenses occurring subsequent to June 8, 1972, except that convictions for offenses designated in § 2802(1)j. and k. of this title shall only be computed if the …
21 Del. C. § 2814. Additional penalty when convicted of an offense which would render an individual an habitual offender.
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§ 2814. Additional penalty when convicted of an offense which would render an individual an habitual offender. If any person shall be convicted in this State of an offense which would render that individual an habitual offender as defined in this chapter, the person shall, in add…