What do I do if I received a voluntary assessment ticket but decide I want to plead "not guilty"?
If you decide to plead not guilty after receiving a voluntary assessment, you are requesting a court trial and must appear in court to defend the charge(s). To plead not guilty, sign where indicated on the ticket and mail the ticket or fax both sides of the ticket at the address or fax number indicated above BY THE COURT DATE INDICATED
. If you fax the ticket, you should call 302-739-6911 to confirm receipt. If you wish your case to be heard by the Court of Common Pleas, rather than by the Justice of the Peace Court, you may request that your case be transferred directly from the Voluntary Assessment Center to the Court of Common Pleas by sending a letter requesting the transfer along with your "not guilty" plea to the Voluntary Assessment Center.
What is Delaware's Probation Before Judgment program?
If you are required or choose to go to court and are eligible, you may be able to participate in the probation before judgment program
. Eligibility for probation before judgment is limited. You are not eligible if you have been convicted of the same offense previously or have been placed on probation before judgment for any other offense within the last five years. Even if you are eligible, it is in the Court's discretion, with the prosecution's consent, whether you will be allowed to enter into the probation before judgment program. Under probation before judgment, you are placed on probation under the conditions set by the Court. If you successfully complete those conditions, you are discharged from probation without any judgment of conviction (which also means that points are not assessed). (Holders of commercial driver's licenses are not eligible for probation before judgment whether or not the holder was driving a commercial vehicle at the ticket was received.)
What happens after I return my ticket indicating I want to plead "not guilty"?
You will be notified of the location, date, and time for your appearance in the Justice of the Peace Court (or Court of Common Pleas, if applicable).
What happens when I go to court?
Most traffic offenses are handled as criminal offenses
. Be sure to bring all documents you will need to Court, including the ticket and proof of insurance at the time of the offense. If you plan to have witnesses at trial, you may need to have a subpoena issued.
Will I be assessed points on my driver's license if I go to court?
Can I appeal if I am found guilty after going to court?
- If you are found not guilty, you will not be assessed any points.
- If you are found guilty, you will be assessed points in accordance with the policies of the Division of Motor Vehicles
- If you participate in probation before judgment and complete any required conditions, you will not be assessed points if you meet any required conditions.
- If you were convicted in a Justice of the Peace Court, you may appeal your conviction to the Court of Common Pleas within 15 days of your conviction only if your fine exceeds $100 or you are given any term of imprisonment.
- If you were convicted in an Alderman's Court, you may appeal any conviction to the Court of Common Pleas within 15 days of your conviction.