Jurisdiction Offenses for Motor Vehicle Violations in Delaware
The law on jurisdiction of offenses for motor vehicle violations reads as follows (21 Del. C. 704(a)):
'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, except that persons arrested for a violation occurring on any part of the Interstate Highway System may be taken before the nearest available Justice of the Peace from the place of arrest. A person arrested without a warrant outside of the City of Wilmington for a violation of any section of this title, or arrested for any moving traffic violation of any municipal ordinance regulating traffic within its territorial limits as set forth in Chapter 41 of this title, shall have his case heard and determined by the nearest available Justice of the Peace, notwithstanding the fact that the court of said Justice of the Peace is situated in a county other than that in which the violation is alleged to have occurred. It shall be 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 officer was nearer to the place where such person was arrested than the Justice of the Peace before whom the case is being tried.'