Many Delawareans eventually end up in traffic court for a moving violation such as speeding, careless driving, or reckless driving.  Some people get charged with status offenses like failure to have insurance. The traffic court in Delaware is in the Court of Common Pleas, although minor offenses can be handled in Justice of the Peace Court. In New Castle County, for example, every Tuesday, the Court handles over 100 traffic cases.  You can find the Court of Common Pleas Traffic Court information page here.

At traffic court, the system is set up for pleas in the morning and any cases that go to trial start at 1:30.  Whether to accept a plea or go to trial is the main question you have to consider. There are several considerations:

  • Points on your license.  If your record is squeaky clean, maybe you don’t mind a couple points.  Or if you are close to a warning, more points could be devastating.  A link to the DMV points system can be found here.
  • Innocence.  You have every right to fight your case in court.  Do not admit to something you did not do.
  • Insurance considerations.  If a violation will raise your rates, especially if you were in an accident, you have to consider that. It could be very expensive.
  • Employment.  If you need a clean driving record for your job, then you should be very careful about taking any plea.

 

Do I need a lawyer for traffic court?

You can go to traffic court and represent yourself.  Maybe you end up with just a fine, which is far less expensive than hiring a lawyer.  On the other hand, you might prefer to have a lawyer to make sure you get the best possible outcome for your case—someone to advocate on your behalf with the prosecutor. Certainly if you are going to trial you should have a lawyer.

That is why we offer free consultations at Collins & Associates.  Give us a call. Let us give you unbiased information about your case so you can make the right decision as to whether representation is a sound idea.  Contact us so we can talk about your case.

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