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Instructions And Petition For Restoration Of Driving Priviledges Form. This is a Delaware form and can be use in Court Of Common Pleas Statewide.
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COURT OF COMMON PLEAS
FOR THE STATE OF DELAWARE
INSTRUCTIONS AND PETITION
FOR RESTORATION OF
DRIVING PRIVILEGES AFTER BEING
DECLARED AN HABITUAL OFFENDER
http://courts.state.de.us/commonpleas/
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IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
IN AND FOR
___NEW CASTLE COUNTY __KENT COUNTY __SUSSEX COUNTY
_______________________
Petitioner,
v.
STATE OF DELAWARE,
Respondent.
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)
)
)
)
)
)
)
)
)
C.A. NO. ___________________
Date of Birth: _______________
Date: _____________________
INSTRUCTION SHEET
PLEASE PROVIDE YOUR CURRENT ADDRESS AND TELEPHONE NUMBER
FOR SCHEDULING PURPOSES
COMPLETE ADDRESS: ____________________________________________
________________________________________________________________
________________________________________________________________
TELEPHONE NUMBER: ____________________________________________
SIGNATURE:_____________________________________________________
•
In order to file a Petition for the restoration of your driving
privileges, you must have been declared an habitual offender. You
must retain the Court order for restoration proceedings.
•
As an Habitual Offender under 21 Del.C. § 2802, your driving
privileges have been suspended pursuant to 21 Del.C. § 2809.
•
Subsection (4) of § 2809 of Title 21 permits the filing of a petition
for early restoration of driving privileges after a full three (3) years
has elapsed since you were declared as an habitual offender. The
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Court will consider your Petition if all fines and costs have been
paid, there have been no driving violations during the three (3)
years since you were declared an habitual offender, and the
Department of Justice has reviewed and approved the request.
•
If a period of five (5) years has elapsed since you were declared an
habitual offender, the Department of Justice does not need to
review your petition, however; the other conditions still apply. File
your paperwork directly with the Clerk’s Office of the Court of
Common Pleas requesting your driving privileges be restored.
•
If filing the Petition in Kent or Sussex Counties, you should contact
the Clerk’s Office in that County for instructions.
Kent County: 1-302-735-3900
Sussex County: 1-302-858-5730
I. FILING INSTRUCTIONS:
A.
To file a Petition, complete the following “set of documents:”
1.
2.
Instruction Sheet
Petition to Restore Driving Privileges
No petition will be accepted for filing unless the set of documents
are completed and signed. When you bring your completed packet
to the Clerk’s Office, you will be required to pay a filing fee of
$25.00. This entitles you to one (1) certified copy of the Order
signed by a Judge or Commissioner. Each additional certified copy
will cost $10.00. Payment for extra copies must be made by
SEPARATE check.
B.
If applying for restoration before the complete five (5) year period
lapse:
1.
The set of documents must be submitted to the Department
of Justice, Carvel State Office Building, 820 N. French St.,
Wilmington, DE 19801. A Deputy Attorney General will review and
send them back to the Court with an approval or disapproval.
C.
If applying for restoration after the full five (5) years have passed:
1.
File the set of documents directly with the Civil Division of
the Court of Common Pleas, New Castle County Courthouse, Suite
1600, 500 N. King Street, Wilmington, Delaware 19801.
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II.
COURT PROCEDURES:
A.
The Clerk’s Office will docket the set of documents and you will be
assigned a hearing date and notified by mail using the information
you provide to us on the instruction sheet. The Court will have
access to your driving record during the hearing.
If you have any questions regarding this procedure, please contact the
Court of Common Pleas Civil Division at 302-255-0942
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IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
IN AND FOR
__NEW CASTLE COUNTY __KENT COUNTY __SUSSEX COUNTY
_____________________________
Petitioner,
v.
STATE OF DELAWARE,
Respondent.
) C.A. No. _______________________
)
)
)
) Date of Birth: ___________________
)
)
)
) DE License No.: _________________
)
)
PETITION TO RESTORE DRIVING PRIVILEGES
TO:
Department of Justice
Carvel State Office Building
820 N. French Street
Wilmington, Delaware 19801
PLEASE TAKE NOTICE that the attached Petition will be presented to the
Court by Petitioner and heard at the convenience of the Court.
(Sign Name) _______________________
(Print Name) _______________________
(Address)
_______________________
_______________________
_______________________
(Telephone No.) _____________________
Dated: ________________
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IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
IN AND FOR
__NEW CASTLE COUNTY __KENT COUNTY __SUSSEX COUNTY
_____________________________
Petitioner,
v.
STATE OF DELAWARE,
Respondent.
) C.A. No. _______________________
)
)
)
) Date of Birth: ___________________
)
)
)
) DE License No.: _________________
)
)
PETITION TO RESTORE DRIVING PRIVILEGES
COMES NOW the Petitioner, hereby moving this Honorable Court to enter
an Order to Restore Petitioner’s Driving Privileges and offers in support the
following:
1.
On or about __________________, Petitioner was declared an
habitual offender under 21 Del.C. § 2802.
2.
Petitioner has not driven a motor vehicle since being declared an
habitual offender.
3.
Petitioner declares: (please check only one)
a.
______ Five (5) years has elapsed since Petitioner was
declared an habitual offender under Chapter 28 of Title 21 and therefore, this
Petition does not require review from the Department of Justice.
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b.
______ Three (3) years has elapsed since Petitioner was
declared an habitual offender under Chapter 28 of Title 21, and the instruction
form and Petition was forwarded to the Department of Justice for review.
WHEREFORE, Petitioner respectfully requests the Court enter an Order
restoring Petitioner’s Driving Privileges pursuant to Title 21 Del. C. § 2809.
________________________
Petitioner
After having reviewed the Petition, the Office of the Attorney General:
Approves ________ Disapproves ________ on _____________________
Date
By _____________________________
Deputy Attorney General
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IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
IN AND FOR
__NEW CASTLE COUNTY __KENT COUNTY __ SUSSEX COUNTY
_____________________________
Petitioner,
v.
STATE OF DELAWARE,
Respondent.
) C.A. No. _______________________
)
)
)
) Date of Birth: ___________________
)
)
)
)
) DE License No.: _________________
RESTORATION ORDER
AND NOW, TO WIT, this ___ day of _____________, 20___, the
foregoing Petition having been heard and considered,
____ Where five (5) years having elapsed since the final order declaring
petitioner as an habitual offender pursuant to Chapter 28 of Title 21, and
petitioner has met all financial responsibilities.
____ Where Three (3) having elapsed since the final order declaring
petitioner an habitual offender and this petition having been reviewed by the
Department of Justice with their position so indicated above.
IT IS SO ORDERED.
____ a) Granted without conditions
____ b) Denied
________________________________
JUDGE/ COURT OF COMMON PLEAS
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