A. Conditions for release. 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 City 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 or by another state jurisdiction within the United States which is a participant in the Nonresident Violator Compact (47 O.S. § 789 et seq.), 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 license or while the driving privilege and driver license is under suspension, revocation, denial or cancellation;
f. An arrest based upon an outstanding warrant;
g. A traffic violation coupled with any offense stated in subsections (A)(4)(a) through (f) of this section;
h. An overweight violation or the violation of a special permit exceeding the authorized permit weight; or
i. A violation relating to the transportation of hazardous materials.
B. Duty of arresting officer. If the arrested person is eligible for release on personal recognizance as provided for in subsection (A) of this section, then the arresting officer shall:
1. Designate the traffic charge;
2. Record information from the arrested person's driver license on the citation form, including the name, address, date of birth, personal description, type of driver license, driver license number, issuing state, and expiration date;
3. Record the motor vehicle make, model, and tag information;
4. Record the arraignment date and time on the citation; and
5. Permit the arrested person to sign a written promise to appear as provided for in the citation. 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 license in this State or in the nonresident's home state pursuant to the Nonresident Violator Compact (47 O.S. § 789 et seq.).
C. Election of plea; payment of fines and costs. 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 the defendant is required to appear for arraignment by indicating such plea on the copy of the citation furnished to the defendant or on a legible copy thereof, together with the date of the plea and signature. The defendant shall be responsible for assuring full payment of the fine and costs to the appropriate Court Clerk. Payment of the fine and costs may be made by personal, cashier's, traveler's, certified or guaranteed bank check, postal or commercial money order, or other form of payment approved by the court in an amount prescribed as bail for the offense. Provided, however, 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 subsection, such plea shall be accepted by the court and the amount of the fine and costs shall be:
1. As prescribed in 22 O.S. § 1115.3 as bail for the violation;
2. In case of a City violation, as prescribed by City ordinance for the violation charged; or
3. In the absence of such law or ordinance, then as prescribed by the court.
D. Warrant for arrest.
1. If, pursuant to the provisions of subsection (C) 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 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. Additionally, 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 to notify the defendant's home state and request suspension of the defendant's driving privilege and driver license in accordance with the provisions of the Nonresident Violator Compact (47 O.S. § 789 et seq.). Such notice and request shall be on a form approved or furnished by the State Department of Public Safety.
2. The Court Clerk shall not process the notification and request provided for in subsection (D)(1) of this section 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, an overweight violation, an overweight permit, or the transportation of hazardous materials; or
d. A period of one hundred twenty (120) calendar clays or more has elapsed from the date the citation was issued by the arresting officer.
E. Maintenance of driver privilege or license suspension; proof of settlement of case. The Municipal or District Court Clerk shall maintain a record of each request for driving privilege and driver 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 (47 O.S. § 789 et seq.) and shall, in all other cases, notify the department of the resolution of the case. The form of proof and the procedures for notification shall be approved by the 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 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.
F. Procedures. 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 22 O.S. §§ 1115.1-1115.5.
(Code 1991, § 6-121)
State Law reference- Similar provisions, 22 O.S. § 1115.1.