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Delaware Laws | Title 21 Motor Vehicles
CHAPTER 27. DRIVER'S LICENSE
Subchapter II. Suspension or Revocation

(i) Any person whose operator's or chauffeur's license has been suspended and to whom an occupational license has been issued, who drives any motor vehicle upon the highways of this State contrary to the restrictions placed upon such occupational license during the period of such occupational license, upon conviction thereof, shall be fined not less than $25 nor more than $200. (3292)

(j) The Department ordinarily may not suspend a license based upon a driving record prior to 2 years before the date of the intended suspension. If at the discretion of the Secretary a longer record period should be considered, a suspension may be based upon such longer driving record period. (3293)

(k) The Division shall forthwith suspend the license or driving privileges, or both, of any child upon notification by the Family Court of the State pursuant to Sec. 1009 of Title 10. (3294)

(l) The Department may, upon receiving a record, notice or certification of noncompliance by a person for a citation, summons, ticket or other document issued by an arresting officer for violation of a traffic law, ordinance, rule or regulation ordering the arrested motorist to appear, suspend the driver's license and/or driving privileges of the person who failed to comply. The Department shall not have this power of suspension in cases of parking violations. (3295)

(36 Del. Laws, c. 10, Sec. 68; 37 Del. Laws, c. 10, Sec. 21; Code 1935, Sec. 5606; 43 Del. Laws, c. 247; 46 Del. Laws, c. 121, Sec.Sec. 1, 2; 47 Del. Laws, c. 393, Sec. 2; 21 Del. C. 1953, Sec. 2733; 53 Del. Laws, c. 89; 54 Del. Laws, c. 261; 54 Del. Laws, c. 273; 57 Del. Laws, c. 126, Sec.Sec. 1-3; 57 Del. Laws, c. 167; 57 Del. Laws, c. 670, Sec. 11A; 59 Del. Laws, c. 307, Sec. 6; 60 Del. Laws, c. 615, Sec. 1; 62 Del. Laws, c. 261, Sec.Sec. 1-3; 65 Del. Laws, c. 77, Sec. 5; 68 Del. Laws, c. 406, Sec. 2; 70 Del. Laws, c. 37, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 70 Del. Laws, c. 259, Sec. 5; 71 Del. Laws, c. 13, Sec. 1; 74 Del. Laws, c. 235, Sec. 1.) (3296)

Sec. 2734. Appeal. (3297)(Text)

Any person denied a license or whose license has been revoked by the Department, except where such revocation is mandatory under this chapter, may appeal to the Court of Common Pleas in the county wherein such person resides. In the case of revocation, such appeal shall not operate as a stay. An appeal of a suspension of a license pursuant to Sec. 516(g) or Sec. 2216 of Title 13 shall be only as provided in Title 13. (3298)

(36 Del. Laws, c. 10, Sec.Sec. 59, 69; 40 Del. Laws, c. 38, Sec. 3; Code 1935, Sec.Sec. 5597, 5607; 21 Del. C. 1953, Sec. 2734; 69 Del. Laws, c. 333, Sec. 2; 70 Del. Laws, c. 452, Sec. 7; 71 Del. Laws, c. 216, Sec. 85.) (3299)

Sec. 2735. New license after revocation; exception. (3300)(Text)

Except as otherwise provided in Sec. 2732 of this title, a person whose license is revoked under this chapter shall not be entitled to apply for or receive a new license to drive until the expiration of 1 year from the date such former license was revoked. (3301)

(21 Del. C. 1953, Sec. 2735; 50 Del. Laws, c. 572, Sec. 1; 60 Del. Laws, c. 701, Sec. 70; 63 Del. Laws, c. 429, Sec. 2.) (3302)

Sec. 2736. Notice; evidence of motor vehicle records. (3303)(Text)

(a) Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license. (3304)

(b) Such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person's address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice. (3305)

(c) In any prosecution under this chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection (b) of this section may be made by: (3306)

(1) The certificate of any officer or employee of the Department; (3307)

(2) An affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof; or (3308)

(3) A computer generated list of those persons whose suspension and/or revocation notices have been electronically processed through a computer interface system of the Department and a court, such list having been generated electronically at the same time the notice is processed by the computer system. (3309)

(d) In the event that 1 of the means of proof of the giving of notice enumerated in subsection (c) of this section is utilized, then it shall be unnecessary for any employee or agent of the department to appear personally in court. (3310)

(e) In any prosecution under this Code, a conviction record as maintained in the Division of Motor Vehicles, which has been certified by the Director of the Division of Motor Vehicles, may be admitted into evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein and of the status of that persons' driving license and/or privileges. It shall be unnecessary for any employee or agent of the Department to personally appear for the admission into evidence of such conviction record in any proceeding under this Code. (3311)

(21 Del. C. 1953, Sec. 2736; 50 Del. Laws, c. 411, Sec. 1; 58 Del. Laws, c. 511, Sec. 46; 69 Del. Laws, c. 368, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 70 Del. Laws, c. 416, Sec.Sec. 1-3.) (3312)

Sec. 2737. Fee for return of suspended license and/or driving privileges. (3313)(Text)

Any person whose license and/or driving privileges has been suspended or disqualified shall pay a fee of $25 at the end of such suspension or disqualification for the return of the person's license and/or the reinstatement of the person's driving privileges. (3314)

(21 Del. C. 1953, Sec. 2737; 57 Del. Laws, c. 94; 60 Del. Laws, c. 387, Sec. 1; 62 Del. Laws, c. 238, Sec. 1; 63 Del. Laws, c. 430, Sec. 9; 64 Del. Laws, c. 13, Sec. 9; 67 Del. Laws, c. 157, Sec. 10; 67 Del. Laws, c. 260, Sec. 1; 67 Del. Laws, c. 270, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (3315)

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