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A. Release By Officer: If a police officer observes facts which are believed to constitute a violation of the Traffic Ordinances of the City committed by any person, whether a resident of this State or a nonresident, who is arrested by a law enforcement officer solely for a violation of a City Traffic Ordinance, such person 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 Oklahoma, another state jurisdiction within the United States, or any participating 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 or acknowledges, as evidenced by the electronic signature of the person, 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 driving privilege and driver's 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 subsections A4a through A4f of this section.
B. Duties Of Arresting Officer:
1. If the arrested person is eligible for release on personal recognizance as provided in subsection A of this section, then the arresting officer shall, on the citation:
a. Designate the traffic charge;
b. Record information from the driver's license of the arrested person on the citation form, including the name, address, date of birth, physical description, type of driver's license, driver's license number, issuing state, and expiration date;
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, in writing or by electronic signature, a promise to contact, pay, or appear at the court, as provided for in the citation. The written or electronic signature of the arrested person shall serve as evidence and acknowledgment of the promise to contact, pay, or appear at the court.
2. The arresting officer shall then release the person upon personal recognizance based upon the acknowledged promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon an acknowledged promise to appear, as evidenced by the written or electronic signature of the person, for arraignment is conditional and that failure to timely appear for arraignment shall result in the suspension of the driving privilege and driver's license of the arrested person in this State, or in the home state of the nonresident pursuant to the nonresident violator compact.
C. Time Of Arraignment: The court, or the Court Clerk as directed by the court, may continue or reschedule the date and time of arraignment at the discretion of the court or upon request of the arrested person or the attorney for that person. If the arraignment is continued or rescheduled, the arrested person shall remain on personal recognizance and written promise to appear until such arraignment, in the same manner and with the same consequences, as if the continued or rescheduled arraignment were entered on the citation by the arresting officer and signed by the defendant. An arraignment may be continued or rescheduled more than one time; provided, however, the court shall require an arraignment to be had within a reasonable time. It shall remain the duty of the defendant to appear for arraignment unless the citation is satisfied as provided for in subsection D of this section.
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 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, together with the date of the plea and signature of the defendant, or such plea may be entered by the defendant using an electronic method provided by the court for such purposes, either through the website of the court or otherwise. 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 in this subsection, such plea shall be accepted by the court upon payment in full of the amount of the fine and costs as prescribed in this chapter as bail for the violation. Acceptance of a plea entered in such a manner as described herein shall constitute a final determination of the cause against the defendant.
E. Failure To Respond Or Appear; Notification To State:
1. If, pursuant to the provisions of subsection D 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, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter. The Municipal 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:
a. The defendant was issued a traffic citation and released upon personal recognizance after acknowledging a written promise to appear for arraignment as provided 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 driving privilege and driver's license of the defendant to operate a motor vehicle in this State, or notify the home state of the defendant and request suspension of the driving privilege and driver's license of the defendant in accordance with the provisions of the nonresident violator compact. The notice and request shall be on a form approved or furnished by the Department of Public Safety.
2. The Court Clerk shall not process the notification and request provided for in subsection E1 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, or
b. The defendant was not released upon personal recognizance upon an acknowledged written promise to appear as provided for in this section or if released, was not permitted to remain on such personal recognizance for arraignment, or
c. The violation relates to parking or standing, or
d. A period of one hundred twenty (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 Municipal 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 the 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 or by e-mail if the defendant has furnished an e-mail address for such purposes. 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 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, failure by the court or Court Clerk 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 of Oklahoma 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 to such proof or notice upon request.
G. Release Determined By Officer; Bail:
1. If a resident of the City is arrested by a law enforcement officer for the violation of any Traffic Ordinance for which subsections A through F of this section do not apply, the officer shall immediately release said person if the person acknowledges receipt of a citation by signing it by either written or electronic signature. Provided, however, the arresting officer need not release said person if it reasonably appears to the officer that the person may cause injury to himself 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. If said person fails to appear in response to the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided for in this chapter, and a warrant shall be issued for his arrest and his appearance shall be compelled.
2. If the arrested resident is not released by being permitted to sign a citation as provided for in this section, said person shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance. A fine for up to the maximum amount authorized by courts not of record may be assessed for failure of a person to have a valid driver's license when charged with a traffic violation.
3. If a resident or nonresident of the City is arrested by a law enforcement officer for a violation of any ordinance for which subsections A through F of this section do not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.
4. The amount and conditions of bail granted pursuant to the provisions of subsections G1, G2 and G3 of this section shall be determined by the Judge, who shall prescribe rules for the receipt of bail and the release on personal recognizance. The amount of bail for each offense shall not exceed the maximum fine plus court costs, 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). In the event of arrests at night, emergencies, or when the Judge is not available, a court official, the Chief of Police or his designated representative may be authorized by the Judge, subject to such conditions as shall be prescribed by the Judge, to accept a temporary cash bond in a sufficient amount to secure the appearance of the accused. The cash bond shall not exceed the maximum fine provided for by ordinance for each offense charged, 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 the cash bond shall not exceed one thousand dollars ($1,000.00). The court official, Chief of Police or his designated representative is authorized, subject to such conditions as shall be prescribed by the Judge, to release a resident of the City on personal recognizance.
5. If the defendant is not eligible for release upon personal recognizance, as provided for in subsections A through G1 of this section, or is eligible but refuses to sign a written promise to appear, the officer shall deliver the person to an appropriate Judge for arraignment and the Judge shall proceed as otherwise provided for by law. If no Judge is available, the defendant shall be placed in the custody of the appropriate Municipal jailor or custodian, to be held until a Judge is available, or bail is posted as provided for by ordinance, before or after arraignment.
H. Juvenile Violators: Notwithstanding any other provision of law, a juvenile may be held in custody pursuant to the provisions of this section, but shall be incarcerated separately from any adult offender. Provided, however, the arresting officer shall not be required to:
1. Place a juvenile into custody as provided for in this section;
2. Place any other traffic offender into custody:
a. Who is injured, disabled, or otherwise incapacitated,
b. If custodial arrest may require impoundment of a vehicle containing livestock, perishable cargo, or items requiring special maintenance or care, or
c. If extraordinary circumstances exist, which, in the judgment of the arresting officer, custodial arrest should not be made.
3. In such cases, the arresting officer may record the date and time on the citation by which, or on which, the person shall appear or contact the court, as applicable to the court, and release the person. If the person fails to appear without good cause shown, the court may issue a warrant for the arrest of the person.
4. The provisions of this subsection shall not be construed to:
a. Create any duty on the part of the officer to release a person from custody,
b. Create any duty on the part of the officer to make any inquiry or investigation relating to any condition which may justify release under this subsection, or
c. Create any liability upon any officer, or the State or any political subdivision thereof, arising from the decision to release or not to release such person from custody pursuant to the provisions of this subsection.
I. Parking Violations; Citations: 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 this section, with such variation as the circumstances require. The operator of the vehicle shall be under full obligation to respond to the citation.
J. Electronic Signature: For purposes of this section, "electronic signature" shall have the same meaning as defined in 12A Oklahoma Statutes section 15-102. (2007 Code § 11-17; amd. 2019 Code)