Delaware Traffic Tickets

Most Delaware traffic tickets are handled by the Justice of the Peace (JP) Court, the lowest level of Delaware's court system. More serious traffic charges — reckless driving, DUI, vehicular assault — are filed in the Court of Common Pleas. A driver has three basic options after receiving a Delaware traffic citation: pay the voluntary assessment, request a court hearing, or hire counsel and contest at trial. The choice is binding once filed.

What's on a Delaware traffic citation

The citation lists the issuing officer, the statute violated, the location and time of the alleged offense, and an "answer date" — the deadline by which the driver has to respond. The answer date is usually 30 calendar days from the citation date for moving violations and longer for parking. The citation also lists the JP Court branch where the case will be heard if contested, plus the voluntary assessment amount that can be paid in lieu of a hearing.

Option 1: Pay the voluntary assessment

Paying the listed voluntary assessment is an admission of the violation. The conviction is recorded in your Delaware Driver Record with the assigned points (see Delaware point system) and reported to your insurer when they next pull your Driver Record. Payment options:

  • Online through the Delaware Justice of the Peace Court ePay portal.
  • By mail with a check or money order payable to the JP Court of Delaware (or specific branch).
  • In person at the JP Court branch listed on the citation.

Most Delaware moving-violation voluntary assessments run $50 to $300 plus a court cost surcharge, depending on the statute and any aggravating factors.

Option 2: Request a court hearing

To contest the citation, the driver requests a court hearing on the citation response or through the JP Court website before the answer date. The case is set for a hearing, where the citing officer is required to appear and testify. If the officer does not appear and the case is not continued for cause, the citation is dismissed. If the officer appears and testifies, the JP determines whether the violation has been proved. The driver can be represented by counsel or proceed pro se.

Option 3: Hire counsel

For serious moving violations — reckless driving, aggressive driving, racing, repeat speeding 20+ over — many Delaware drivers hire a traffic attorney. A negotiated reduction to a non-moving violation (e.g., "improper equipment") often keeps points off the record and avoids the insurance increase, even if the fine isn't reduced. The attorney files a Motion for Continuance to schedule a pre-trial conference with the prosecutor, then negotiates the disposition. Attorney fees typically run $250-$500 for a routine speeding negotiation; substantially more for reckless or DUI defense.

Failure to respond

If the driver fails to respond by the answer date — fails to pay the voluntary assessment, request a hearing, or appear — the JP Court typically enters a default judgment in the citing officer's favor and notifies the Delaware DMV. The license can be suspended for failure to appear, and additional collection costs are added to the fine. The license stays suspended until the underlying citation is resolved and a reinstatement fee is paid. See Delaware license reinstatement for the path back from a failure-to-appear suspension.

Photo enforcement

Delaware operates red-light cameras at select intersections in Wilmington and other municipalities. Photo-enforcement citations are mailed to the registered owner, not handed over at a stop, and the response process runs through the same JP Court system. Owners contesting a photo-enforcement citation can argue that they were not the driver, in which case the burden shifts back to the citing agency. Speed cameras are more limited in Delaware; check the citation for the responding court.

Defensive driving and point reduction

Delaware allows drivers to earn up to 3 points of credit against their active point total by completing a state-approved defensive driving course (typically 4-6 hours). The credit applies only to existing points, not future ones, and is one-time within any 3-year window. Insurance discounts of 10-15% for course completion typically also apply. See Delaware point system for the credit mechanics.

Effect on insurance and record

Most Delaware moving-violation convictions raise insurance premiums 10-25% for 3 years. Aggressive driving or reckless driving convictions raise rates 30-50%, and DUI triggers an SR-22 filing and a substantially larger surcharge. See Delaware car insurance for full rate factors.

Official sources