Delaware Administrative Code
Title 2 - Transportation
1000 - Department of Safety and Homeland Security
1200 - Office of Highway Safety
1207 - Electronic Speed Monitoring System
Section 1207-16.0 - Procedures to Contest a Violation

Universal Citation: 2 DE Admin Code 1207-16.0
Current through Register Vol. 28, No. 3, September 1, 2024

A person receiving a Notice of Violation may request a hearing to contest the violation by notifying in writing the entity designated on the summons, within 20 days of the issue date. Upon timely receipt of a hearing request, a civil hearing will be scheduled and the defendant will be notified of the hearing date by first class mail. A civil hearing shall be held by the Justice of the Peace Court or other court with competent jurisdiction as designated by the Department of Safety and Homeland Security or county or municipality in which the speed camera was located. Court costs, or similar administrative fees, not to exceed $35, may be imposed against an owner or operator of a motor vehicle who requests a hearing to contest a violation and is either found at fault or admits to fault at the hearing. No costs may be assessed against the prevailing party. There shall be no right to transfer to the Court of Common Pleas, and no right of appeal unless the civil penalty exceeds $100.

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