AN ACT TO AMEND CHAPTER 7, TITLE 21, DELAWARE CODE, RELATING TO MOTOR VEHICLES GIVING RIGHT TO PERSON ARRESTED TO BE TRIED IN THE MUNICIPAL COURT FOR THE CITY OF WILMINGTON OR BY THE NEAREST AVAILABLE JUSTICE OF THE PEACE.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. § 704, Chapter 7, Title 21, Delaware Code, is amended to read as follows :
§ 704. Jurisdiction of offenses
A person arrested without a warrant in the City of Wilmington for a violation of any section of this title shall be taken before a Judge of the Municipal Court for the City of Wilmington. A person arrested without a warrant outside of the City of Wilmington for a violation of any section of this title shall have the right to have his case heard and determined by the nearest available Justice of the Peace. It shall be a sufficient defense for a person arrested outside of the City of Wilmington to show by one competent witness that there was, at the time of his arrest, an available Justice of the Peace whose regular office was nearer to the place where such person was arrested than the Justice of the Peace before whom the case is being tried.
For the purpose of this section, Justice of the Peace is available when he is at his office, or court, or at his residence.
Approved July 11, 1955.