(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)