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COURT OF COMMON PLEAS (NEW CASTLE COUNTY)
"TRAFFIC COURT"
On November 4, 2003, the Court of Common
Pleas in New Castle County implemented a new procedure for handling most
motor vehicle cases. The concept is designed and is implemented as a "Traffic
Court, " which will be held each Tuesday. Intended to reduce the
number of court appearances required by the public and to expedite the
disposition of motor vehicle cases, the Court combines arraignment and
trial into a single appearance.
Defendants who transfer their cases
from the JP Court to the Court of Common Pleas will receive notices advising
them to come prepared for both arraignment and trial on their scheduled
appearance date. They will also be advised to bring all necessary witnesses
and documents with them on that date.
There will be an arraignment and pleas taken
during the morning session, and where the charges are not resolved by
a plea and are not required to be rescheduled for some compelling reason,
a trial will be held immediately following the completion of these events
during the afternoon session.
Arraignment by prior pleading (Rule 10(c))
filings will only be accepted for traffic offenses in exceptional circumstances.
All defendants are required to appear. Should there be an unavoidable
conflict, continuance requests must be submitted to the Court in writing,
at least three days in advance of the scheduled appearance.
Driving under the influence, 21 Del.
C. § 4177 and Driving after Judgment-Prohibited 21 Del. C.
2810, offenses are not included in Traffic Court proceedings.
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