21 Del. C. § 705

In the event of an arrest for the violation of any section of this title, if the defendant is unable to give sufficient bail for a hearing or for the defendant’s presence at court, the justice of the peace before whom the defendant is first taken may accept as a forfeit, conditioned upon the defendant’s appearance, a sum of money equal in amount to the maximum fines which could be imposed for the offense charged and the costs or in lieu of such bail or forfeit may accept any article of sufficient value or hold in custody a motor vehicle found in the possession of the defendant. Such justice of the peace after the trial of the defendant, if sufficient bail according to law has not been given in the meantime, shall make such order as to the disposal of such motor vehicle or other articles as to the justice of the peace seems just and proper.