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A. Citation Issuance:
1. If a police officer observes facts which he believes constitute a violation of the traffic ordinances of the city, committed by a resident or nonresident thereof, in lieu of arresting such a person, he may 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 city manager 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, no later than the date specified in the citation.
2. 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.
3. If the person to whom a citation is issued fails to answer as prescribed in the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
B. Release, Custody, Bail: If the alleged traffic violation is committed by a nonresident or resident of the city, the police officer may: (1985 Code § 6-120)
1. Release the person after obtaining sufficient information, as set out in subsection A of this section, pending his appearance on a day certain in court, as specified in the citation; (1985 Code § 6-120; amd. 2007 Code)
2. Take the person into custody and demand that bond for the offense charged be posted according to the provisions of this chapter; or
3. Take the person into custody under arrest. The arrested person either shall 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 chapter. Upon providing bail as fixed, and upon giving his written promise to appear upon a day certain, as provided in subsection A of this section, the person shall be released from custody.
C. Parking Violations: 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 be 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 A or B of 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 personally under subsection A or B of this section. (1985 Code § 6-120)
A. Issuance: Upon the filing of a complaint charging violation of any ordinance, the judge, unless he 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 address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court on a certain day after the summons is served upon him, and including such other pertinent information as may be necessary.
B. Serving Summons: The summons shall be served by delivering a copy to the defendant personally. If he fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his arrest, as provided by this chapter. (1985 Code § 6-122)
A. Form Of Warrant: Except as otherwise provided in the ordinances of the city, upon the filing of a complaint approved by the endorsement of the city attorney or by the judge, there shall be issued a warrant of arrest, in such form as prescribed by the court.
B. Execution Of Warrant: It is the duty of the chief of police, personally, or through a duly constituted member of the police force of the city, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible. (1985 Code § 6-123; amd. 2007 Code)
A. Procedure: Upon arrest, or upon appearance without arrest in response to citation or summons, or at any time before trial, before or after arraignment, the defendant shall be eligible to be released upon giving bail for his appearance in an amount and upon conditions fixed by this chapter or the judge, who shall prescribe appropriate rules of court for the receipt of bail. In case of arrests made at night or under other conditions of emergency or when the judge is not available, the rules shall authorize the chief of police, or his designated representative, to accept a temporary cash bond of not less than fifty dollars ($50.00) nor more than the maximum monetary penalty provided by ordinance for the offense charged. (1985 Code § 6-124; amd. 2007 Code)
B. Arrest For Traffic Violation Other Than Parking Or Standing; Bail: If a resident or nonresident of the municipality is arrested by a law enforcement officer solely for a misdemeanor violation of a traffic ordinance, other than an ordinance pertaining to a parking or standing traffic violation, and the arrested person is eligible to sign a written promise to appear and be released upon personal recognizance as provided for in 22 Oklahoma Statutes section 1115.1, then the procedures provided for in the state and municipal traffic bail bond procedure act as applied to municipalities, shall govern. The municipal judge shall prescribe a bail bond schedule for traffic offenses. The amount of bail shall not exceed the maximum fine and costs provided by ordinance for each offense, unless the defendant has a previous history of failing to appear according to the terms or conditions of a bond, in which case the amount of bail shall not exceed one thousand dollars ($1,000.00). (1985 Code § 6-125; amd. 2007 Code)
A. Arraignment: Upon making his appearance before the court, the defendant shall be arraigned. The judge, or the city attorney, shall read the complaint to the defendant, inform him of his legal rights, including the right of trial by jury, if available, and of the consequences of conviction, and ask him whether he pleads guilty or not guilty.
B. Guilty Plea: If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition.
C. Plea Of Not Guilty: If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date. (1985 Code § 6-126)
A. Postponement: Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.
B. Presence At Trial: The defendant must be present in person at the trial. (1985 Code § 6-127)
C. Trials Of Misdemeanors: In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal courts, or by rules duly promulgated by the supreme court of Oklahoma, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective.
D. Judgment Of Court: If the defendant pleads guilty or is convicted after the trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.
E. Entry In Docket: At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.
F. Acquittal: If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once.
G. Imprisonment: A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied at the rate of one day imprisonment for each twenty five dollars ($25.00) of fine. (1985 Code § 6-127; amd. 2007 Code)
A. Trial By Jury Or To Court: In all prosecutions for violations of ordinances punishable by fine of more than five hundred dollars ($500.00), excluding court costs, or by imprisonment, or by both fine and imprisonment, trial shall be by jury, unless waived by the defendant and the city. If trial by jury is waived, trial shall be to the court. (1985 Code § 6-128; amd. 2007 Code)
B. Decision Of Defendant:
1. At arraignment, the defendant shall be asked whether he demands or waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case.
2. An election waiving jury trial, made at arraignment, may be changed by the defendant at any time prior to the day for which trial by the court is set; an election demanding jury trial may be changed at any time prior to the commencement of proceedings to impanel the jury for the trial, but if that change occurs after the case has been set for jury trial, it may not thereafter be rechanged so as again to demand trial by jury. (1985 Code § 6-128)
A. Fees And Mileage Allowed: Witnesses in any proceeding in the court other than the police officers or peace officers shall be entitled to a fee as set by the city per each day of attendance, plus mileage for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is outside the city limits. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel.
B. Deposit From Defendant; Exception For Indigents:
1. Deposit Required: A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned.
2. Indigent Defendants:
a. Such deposit shall not be required from an indigent defendant who files an affidavit setting out:
(1) The name of no more than three (3) witnesses;
(2) That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
(3) That the testimony of the witnesses is material; and
(4) That their attendance at the trial is necessary for his proper defense.
b. The fees of such witnesses shall be paid by the city. (1985 Code § 6-129)
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