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(A) The Town Attorney, or his or her duly designated assistant, may be the prosecuting officer of the court. He or she may prosecute, in his or her discretion, all alleged violations of the ordinances of the town.
(B) He or she shall be authorized, in his or her discretion, to prosecute and resist appeals, proceedings in error and review from this court to any other courts of the state, and to represent the town in all proceedings arising out of matters in this court.
(Prior Code, § 1-11-8)
(A) Bureau established. A Traffic Violations Bureau is established as a division of the office of the clerk of the court, to be administered by the clerk or by subordinates designated for that purpose.
(B) Payment of fine. Persons who are cited for violation of one of the traffic ordinances of the town, other than a driver’s license offense, or an offense punishable by more than $200, may elect to pay a fine in the Violations Bureau according to a schedule of fines prescribed from time to time by the Town Board of Trustees. The payment shall constitute a final determination of the cause against the defendant.
(C) Failure to pay fine. The court may adopt rules to carry into effect this section. If a defendant who has elected to pay a fine under this section fails so to do, prosecution shall proceed under the provisions of this chapter.
(Prior Code, § 1-11-9)
(A) The Town Board of Trustees may establish a minimum fine schedule. The minimum fine schedule, when established, shall provide for a minimum amount which a person may pay upon a plea of guilty or nolo contendere to the listed offenses.
(B) The minimum fine schedule shall include fine, court costs and any assessments set by state law within the specified amount. Upon plea of guilty or nolo contendere and payment of the required minimum fine prior to the date scheduled for court appearance, no further court appearance shall be required. The Judge may authorize the court clerk to accept pleas of guilty and nolo contendere where the amount of the minimum fine is paid at the time of such plea and prior to the scheduled court appearance date.
(Prior Code, § 1-11-10)
(A) Initiation of prosecutions. All prosecutions for violation of ordinances of the town shall be styled “The Town of Gage, Oklahoma vs. (naming defendant or defendants).” Except as provided hereinafter, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint and setting forth concisely the offense charged.
(B) Prosecution of actions. There is no duty on the part of the town or any of its officers or employees to formally prosecute actions in the court. In the absence of a prosecuting officer, the Judge shall proceed with the case and hear evidence and examine witnesses in such manner as he or she may deem necessary to effect justice.
(C) Deposit of court costs. Any person, except a police officer or other employee of the town, filing a criminal offense complaint in the Municipal Court shall deposit with the clerk of the court, unless waived by order of the court, the court cost fee as provided in this chapter. The court costs so deposited by such a complainant shall be refunded to the complainant or person depositing same upon conviction or acquittal of the defendant; the court costs shall not be refunded if the charges are dismissed at the request of the complainant who made the deposit because the complainant fails or refuses to appear in court to testify or aid in the prosecution of the charge filed by such complainant.
(D) Defects regarding complaints. All defects in the form or substance apparent on the face of a complaint charging a violation of an ordinance of the town, and being grounds for motion or demur, may only be raised by an accused in writing and prior to trial.
(E) Amendment of complaint. A complaint may be amended in matter of substance or form at any time before the defendant pleads, without leave, and may be amended after plea or order of the court where the same can be done without material prejudice to the rights of the defendant. No amendment shall cause any delay of the trial, unless good cause is shown by affidavit.
(Prior Code, § 1-11-11)
(A) Release of arrested resident.
(1) If a resident of the town is arrested by a law enforcement officer for the violation of any traffic ordinance for which other provisions of this chapter do not apply, or is arrested for the violation of a non-traffic ordinance, the officer shall immediately release the person if the person acknowledges receipt of a citation by signing it. However, the arresting officer need not release the person if it reasonably appears to the officer that the person may cause injury to himself, herself or others, or damage to property, if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property.
(2) If the person fails to appear in response to the citation, a warrant shall be issued for his or her arrest, and his or her appearance shall be compelled.
(3) If the arrested resident is not released by being permitted to sign a citation as provided in division (A)(1) above, he or she shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance.
(B) Release of arrested nonresident. If a nonresident of the town is arrested by a law enforcement officer for a violation of any ordinance for which § 33.23 does not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.
(C) Parking violation; citation placed on vehicle. If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator is not present, the police officer shall place on the vehicle, at a place reasonably likely to come to the notice of the operator, a citation conforming substantially to that prescribed in this section, with such variation as the circumstances require, the operator of this vehicle shall be under the same obligation to respond to the citation as if it had been issued to him or her personally under division (A)(1) above.
(Prior Code, § 1-11-12) Penalty, see § 33.99
(A) Release by officer. In addition to other provisions of law for posting bail, any person, whether a resident of this state or a nonresident, who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or municipal traffic ordinance, shall be released by the arresting officer upon personal recognizance if:
(1) The arrested person has been issued a valid license to operate a motor vehicle by this state, another state jurisdiction within the United States which is a party to the nonresident violator compact, or any party jurisdiction of the nonresident violator compact;
(2) The arresting officer is satisfied as to the identity of the arrested person;
(3) The arrested person signs a written promise to appear as provided for on the citation unless the person is unconscious or injured and requires immediate medical treatment as determined by a treating physician; and
(4) The violation does not constitute:
(a) A felony;
(b) Negligent homicide;
(c) Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances, unless the person is unconscious or injured and requires immediate medical treatment as determined by a treating physician;
(d) Eluding or attempting to elude a law enforcement officer;
(e) Operating a motor vehicle without having been issued a valid driver’s license, or while the license is under suspension, revocation, denial or cancellation;
(f) An arrest based upon an outstanding warrant; or
(g) A traffic violation coupled with any offense stated in divisions (A)(4)(a) through (A)(4)(f) above.
(B) Duties of arresting officer.
(1) If the arrested person is eligible for release on personal recognizance as provided for in division (A) above, then the arresting officer shall:
(a) Designate the traffic charge;
(b) Record information from the arrested person’s driver’s license on the citation form, including the name, address, date of birth, personal description, type of driver’s license, driver’
(c) Record the motor vehicle make, model and tag information;
(d) Record the date and time on the citation on which, or before which, the arrested person promises to contact, pay or appear at the court, as applicable to the court; and
(e) Permit the arrested person to sign a written promise to appear as provided for in the citation.
(2) The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon a signed written promise to appear for arraignment is conditional and that failure to timely appear for arraignment shall result in the suspension of the arrested person’s driving privilege and driver’s license in this state, or in the nonresident’s home state pursuant to the nonresident violator compact.
(C) Compliance with state law. Procedures for arraignment, continuances and scheduling, timely appearances, pleas of guilty or nolo contendere, posting bail, payment of fines and costs, issuance of arrest warrants and requests for suspension of driver’s license shall be as required in state law, 22 O.S. §§ 1115.1 through 1115.5.
(D) Plea by defendant. A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before he or she is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or her or on a legible copy thereof, together with the date of the plea and his or her signature. The defendant shall be responsible for assuring full payment of the fine and costs to the court clerk. The defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere as provided for in this division (D), such plea shall be accepted by the court, and the amount of the fine and costs shall be as prescribed by ordinance for the violation charged or as prescribed by the court.
(E) Failure to respond or appear; notify state.
(1) If, pursuant to the provisions of division (D) above, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, the court may issue a warrant for the arrest of the defendant and the municipal or District Court clerk, within 120 calendar days from the date the citation was issued by the arresting officer, shall notify the State Department of Public Safety that:
(a) The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided for in the citation;
(b) The defendant has failed to appear for arraignment without good cause shown;
(c) The defendant has not posted bail, paid a fine, or made any other arrangement with the court to satisfy the citation; and
(d) The citation has not been satisfied as provided by law.
(2) The court clerk shall request the State Department of Public Safety to either suspend the defendant’s driving privileges and driver’s license to operate a motor vehicle in this state, or notify the defendant’s home state and request suspension of the defendant’s driving privilege and driver’s license in accordance with the provisions of the nonresident violator compact. Such notice and request shall be on a form approved or furnished by the State Department of Public Safety. The court clerk shall not process the notification and request provided for in this division (E)(2) if, with respect to such charges:
(a) The defendant was arraigned, posted bail, paid a fine, was jailed or otherwise settled the case;
(b) The defendant was not released upon personal recognizance upon a signed written promise to appear as provided for in this section or, if released, was not permitted to remain on such personal recognizance for arraignment;
(c) The violation relates to parking or standing; or
(d) A period of 120 calendar days or more has elapsed from the date the citation was issued by the arresting officer.
(F) Record of driver’s license suspension requests to state. The court clerk shall maintain a record of each request for driving privilege and driver’s license suspension submitted to the State Department of Public Safety pursuant to the provisions of this section. When the court or court clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant, or otherwise closes the case, the court clerk shall furnish proof thereof to such defendant, if the defendant personally appears, or shall mail such proof by first class mail, postage prepaid, to the defendant at the address noted on the citation, or at such other address as is furnished by the defendant. Additionally, the court or court clerk shall notify the home jurisdiction of the defendant as listed on the citation, if such jurisdiction is a member of the nonresident violator compact, and shall in all other cases notify the State Department of Public Safety of the resolution of the case. The form of proof and the procedures for notification shall be approved by the State Department of Public Safety. Provided, however, the court or court clerk’s failure to furnish such proof or notice in the manner provided for in this division (F) shall in no event create any civil liability upon the court, the court clerk, the state or any political subdivision thereof, or any state department or agency, or any employee thereof, but duplicate proof shall be furnished to the person entitled thereto upon request.
(Prior Code, § 1-11-13)
(A) Issuance of summons. Upon the filing of a complaint charging violation of an ordinance, the Judge, unless he or she determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, shall issue a summons, naming the person charged, specifying his or her address or place of residence, if known, stating the offense with which he or she is charged and giving him or her notice to answer the charge in the court on a day certain, containing a provision for the official return of the summons, and including such other pertinent information as may be necessary.
(B) Failure to answer summons; warrant for arrest. The summons shall be served by delivering a copy to the defendant personally or by certified mail. If he or she fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his or her arrest, as provided by this chapter.
(Prior Code, § 1-11-14) Penalty, see § 33.99
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