CHAPTER 395

MOTOR VEHICLES

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATIVE TO MOTOR VEHICLES, PROVIDING THAT THE OPERATOR'S LICENSE ONLY SHALL BE REVOKED UPON A CONVICTION OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR NARCOTIC DRUGS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended, by striking out 5619. Sec. 81 thereof and inserting in lieu thereof a new Section, to be known as 5619. Sec. 81., as follows:

5619. Sec. 81. PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR NARCOTIC DRUGS. No person shall .operate a motor vehicle while under the influence of intoxicating liquor or of any drug. Any Justice of the Peace of the State or the Judge of the Municipal Court of the City of Wilmington shall have power and jurisdiction to hear and determine the offense created by this Section. Upon conviction of any one for this offense, the Justice of the Peace or the Judge of the Municipal Court of the City of Wilmington shall certify the facts and record in the case to the Commissioner, who shall forthwith revoke the operator's license of the party so convicted for a period of one year, or in case the offense is committed by a person operating a motorcycle the operator's license shall be cancelled and none re-issued to the said guilty party for a period of one year after such cancellation. After an operator's license shall have been so revoked, the Commissioner shall have power and authority not to issue another operator's license to such person so convicted until such person shall satisfy the Commissioner that he has been of good behaviour from the time that his operator's license was so revoked, up until he makes application

for the issuance of another operator's license. Nor until such person shall have complied with the provisions of Article 7 of this Chapter. Provided, however, that if in such case the Commissioner shall refuse to issue an operator's license to such convicted person after a period of one year from the time that his license was so revoked, the said applicant shall have the right of appeal to the Court of General Sessions of the County wherein he resides.

Approved June 30, 1949