CHAPTER 456

AN ACT TO AMEND SUBCHAPTER III, CHAPTER 41, TITLE 21, DELAWARE CODE, RELATING TO TOLL EVASION ON THE DELAWARE TURNPIKE; PENALTY; RIGHT OF APPEAL; JURISDICTION OF JUSTICE OF THE PEACE.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each house concurring therein):

Section 1. Amend Subchapter III, Chapter 41, Title 21, Delaware Code, by adding thereto a new section to read as follows:

§ 4127. Unlawful evasion of Delaware Turnpike tolls; penalty; appeal; jurisdiction

(1) No vehicle shall be permitted to make use of any part of the Delaware Turnpike except upon payment of such tolls as may from time to time be prescribed by the State Highway Department of the State of Delaware.

(2) It is hereby declared to be unlawful for any person to refuse to pay, or to evade, or to attempt to evade the payment of such toll. Any such violation regarding the payment of tolls shall be punishable by fine not less than $10 nor more than $25, or imprisonment of not more than five days or both.

(3) Any person convicted under the provisions of this law shall have the right of an appeal as prescribed in 21 Delaware Code, Section 708, (Appeal from Motor Vehicle Violations).

(4) In the event of an arrest for the violation of this section, the person arrested shall be taken before a Justice of the Peace whose regular office is nearest to the place where such person was arrested. The person so arrested shall have the privilege of electing to have his case tried and determined in the Court of Common Pleas as provided in 11 Delaware Code, Section 5901.

(5) Any peace officer may stop and arrest with or without a warrant, any person abroad who he has reasonable ground to suspect is committing, has committed or is attempting to commit a violation of this section.

Approved May 22, 1970.