A. Citations, Custody, Arrest:
1. If a police officer observes facts which he believes constitute a violation of the traffic ordinances of this municipality, in lieu of arresting such a person, he may release the person on personal recognizance in accordance with subsection B of this section, or take his name, address, operator's license number, and registered license number of the motor vehicle involved and any other pertinent and necessary information and may issue him, in writing in form prescribed by the mayor or his duly designated delegate, a traffic citation embracing the above information, and also stating the traffic violation alleged to have occurred, and notifying him to answer to the charge against him at a time not later than the date specified in the citation. The officer, upon receiving the written promise of the alleged violator endorsed on the citation to answer as specified, may then release the person from custody. If the person to whom a citation is issued fails to answer as prescribed in the citation, complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
2. If the alleged traffic violation is committed by a nonresident or resident of this municipality, the police officer may:
a. Release the person after obtaining sufficient information as set out in subsection A1 of this section pending his appearance on a day certain in court, as specified in the citation;
b. Take the person into custody and demand that bond for the offense charged be posted according to the provisions of this section; or
c. Take the person into custody under arrest. The arrested person shall either be taken immediately before the judge for further proceedings according to law or shall have bail fixed for his release in accordance with the provisions of this section. Upon providing bail as fixed, and upon giving his written promise to appear upon a day certain, as provided in subsection A1 of this section, the person shall be released from custody.
3. If the alleged offense is 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 subsection A1 or A2 of this section, with such variation as the circumstances require. The operator of the vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally under subsection A1 or A2 of this section. (2015 Code § 6-120)
B. Bail Bond Procedures:
1. 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:
a. The arrested person has been issued a valid license to operate a motor vehicle by this state, another state jurisdiction within the United States, or any party jurisdiction of the nonresident violator compact;
b. The arresting officer is satisfied as to the identity of the arrested person;
c. The arrested person signs a written promise to appear as provided on the citation, unless the person is unconscious or injured and requires immediate medical treatment as determined by the treating physician; and
d. The violation does not constitute:
(1) A felony;
(2) Negligent homicide;
(3) 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;
(4) Eluding or attempting to elude a law enforcement officer;
(5) Operating a motor vehicle without having been issued a valid driver's license, or while the driving privilege and driver's license is under suspension, revocation, denial or cancellation;
(6) An arrest based upon an outstanding warrant;
(7) A traffic violation coupled with any offense stated in subsections B1d(1) through B1d(6) of this section; (2015 Code § 6-121; amd. 2016 Code)
2. a. If the arrested person is eligible for release on personal recognizance as provided in subsection B1 of this section, then the arresting officer shall:
(1) Designate the traffic charge;
(2) 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's license number, issuing state, and expiration date;
(3) Record the motor vehicle make, model and tag information; (2015 Code § 6-121)
(4) 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
(5) Permit the arrested person to sign a written promise to appear as provided in the citation.
b. 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.
3. 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 driving privilege and driver's license shall be required in state law, 22 Oklahoma Statutes sections 1115.1 through 1115.5. (2015 Code § 6-121; amd. 2016 Code)
4. 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 is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or on a legible copy thereof, together with the date of the plea and his 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 in this subsection, 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.
5. a. If, pursuant to the provisions of subsection B4 of this section, 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 one hundred twenty (120) calendar days from the date the citation was issued by the arresting officer, shall notify the state department of public safety that:
(1) The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided in the citation;
(2) The defendant has failed to appear for arraignment without good cause shown;
(3) The defendant has not posted bail, paid a fine, or made any other arrangement with the court to satisfy the citation; and
(4) The citation has not been satisfied as provided by law. (2015 Code § 6-121)
b. The court clerk shall request the state department of public safety to either suspend the defendant's driving privilege 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 in this subsection B5 if, with respect to such charges: (2015 Code § 6-121; amd. 2016 Code)
(1) The defendant was arraigned, posted bail, paid a fine, was jailed, or otherwise settled the case;
(2) The defendant was not released upon personal recognizance upon a signed written promise to appear as provided in this subsection B or, if released, was not permitted to remain on such personal recognizance for arraignment; (2015 Code § 6-121)
(3) The violation relates to parking or standing; or
(4) A period of one hundred twenty (120) calendar days or more has elapsed from the date the citation was issued by the arresting officer.
6. 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 subsection B. 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 in this subsection 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. (2015 Code § 6-121; amd. 2016 Code)