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2025 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 19. ARREST AND COMMITMENT; FRESH PURSUIT
Subchapter I. Arrest and Commitment
§ 1907. Summons instead of arrest; form; penalty for nonappearance.
Universal Citation:
11 DE Code § 1907 (2025)
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§ 1907. Summons instead of arrest; form; penalty for nonappearance.
(a) In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor, the officer may, but need not, give the person a written summons in substantially the following form:
| Violator's Last Name | First | Middle | O.C.P No. | Birth Date | Sex M F |
| No. and Street | City | State | Color W B O | Occupation | |
| Owner's Name | First | Middle | State Tag No. | ||
| Address | |||||
| Specific Offense | Sec. No. | Date Time M. | Acc. Yes No | ||
| Hundred | County | Route No. | Exact Location | ||
| S K NC | |||||
| Magistrate | Arresting Officer | Date of Trial | |||
| Address | |||||
| You are hereby directed to appear at the time and place designated above to stand trial for the offense indicated. A failure to obey this summons may result in fine or imprisonment, or both. | |||||
| Final Disposition of Upper Court | Remarks | ||||
| TRAFFIC ARREST REPORT DELAWARE STATE POLICE | |||||
(b) If the person fails to appear in answer to the summons, or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may issue.
(c) Whoever wilfully fails to appear in answer to the summons may be fined not more than $100 or imprisoned for not more than 30 days, or both.
Code 1935, §§ 5343-I; 48 Del. Laws, c. 304; 11 Del. C. 1953, § 1909; 70 Del. Laws, c. 186, § 1;
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