Chapter 16
COURTS AND JAILS*
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State law references: Courts generally, 20 O.S. § 1 et seq.; municipal courts not of record, 11 O.S. § 27-101 et seq.; duty of cities to comply with health standards in maintenance of jails, 63 O.S. § 472; State and Municipal Bail Bond Procedure Act, 22 O.S. § 1115 et seq.
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Article I.
In General
Sec. 16-1. Definitions.
Secs. 16-2– 16-20. Reserved.
Article II.
Municipal Court
Sec. 16-21. Creation; governance.
Sec. 16-22. Jurisdiction of court.
Sec. 16-23. Court marshal.
Sec. 16-24. Clerk of the court; duties.
Sec. 16-25. Prosecuting attorney; duties; conflict of interest.
Sec. 16-26. Bond of court clerk.
Sec. 16-27. Rules of court.
Sec. 16-28. Enforcement of rules; contempt.
Sec. 16-29. Style of prosecutions.
Secs. 16-30– 16-46. Reserved.
Article III.
Municipal Judge
Sec. 16-47. Judge; qualifications.
Sec. 16-48. Term of judge.
Sec. 16-49. Alternate judge.
Sec. 16-50. Acting judge.
Sec. 16-51. Appointment of judge and alternate judge.
Sec. 16-52. Salary and payments to judges.
Sec. 16-53. Removal of judge.
Sec. 16-54. Vacancy in office of judge.
Sec. 16-55. Disqualification of judge.
Secs. 16-56– 16-83. Reserved.
Article IV.
Rules of Procedure
Sec. 16-84. Summons for arrest.
Sec. 16-85. Form of arrest warrant; execution.
Sec. 16-86. Procedures for bail or bond.
Sec. 16-87. Arraignment and pleadings by defendant.
Sec. 16-88. Trials and judgments.
Sec. 16-89. Sentencing.
Sec. 16-90. Imprisonment; work by prisoners.
Sec. 16-91. Fines and costs.
Sec. 16-92. Penalty assessment.
Secs. 16-93– 16-112. Reserved.
Article V.
Traffic Violations
Sec. 16-113. Creation of traffic violations bureau.
Sec. 16-114. Traffic violations; procedures for issuing citation; custody, arrest.
Sec. 16-115. Traffic bail bond procedures.
ARTICLE I.
IN GENERAL
Sec. 16-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Chief of police means the peace officer in charge of the police force of the city.
Clerk means the clerk of the city, including any deputy or member of the office staff of the clerk while performing duties of the clerk's office.
Court means the city municipal court.
Judge means the judge of the municipal court, including any acting judge or alternate judge thereof as provided for by the state statutes and this chapter.
This judicial district means the state district court judicial district in which the city is situated.
(Code 2000, § 6-102)
Secs. 16-2– 16-20. Reserved.
ARTICLE II.
MUNICIPAL COURT
Sec. 16-21. Creation; governance.
This chapter shall govern the organization and operation of the city municipal court, as put into operation by resolution duly passed on January 16, 1969, and filed in accordance with law as authorized by 11 O.S. §§ 27-101 and 27-102. To the extent of conflict between any provisions of this chapter and the provisions of any ordinance of the city, the provisions of this chapter shall control.
(Code 2000, § 6-101)
State law references: Creation of municipal court not of record, 11 O.S. § 27-101; resolution of necessity required, 11 O.S. § 27-102.
Sec. 16-22. Jurisdiction of court.
The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of the city is charged.
(Code 2000, § 6-103)
State law references: Similar provision, 11 O.S. § 27-103.
Sec. 16-23. Court marshal.
All writs or processes of the court shall be directed, in his official title, to the chief of police of the city, who shall be the principal officer of the court and marshal of the court.
(Code 2000, § 6-113)
State law references: Appointment and duties of court marshal, 11 O.S. § 27-110.
Sec. 16-24. Clerk of the court; duties.
The city clerk, or a deputy designated by him, shall be the clerk of the municipal court. The clerk shall:
(1) Assist the judge in recording the proceedings of the court, preparation of writs, processes, or other papers;
(2) Administer oaths required in judicial or other proceedings before the court;
(3) Enter all pleadings, processes, and proceedings in the dockets of the court;
(4) Perform such other clerical duties in relation to the proceedings of the court as the judge shall direct;
(5) Receive and give receipt for and disburse or deliver to the municipal treasurer all fines, forfeitures, fees, deposits, and sums of money properly payable to the municipal court; and
(6) Pay to the treasurer of the city immediately all money so received by him, except such special deposits or fees as shall be received to be disbursed by him for special purposes. All money paid to the treasurer shall be placed in the general fund of the city, or in such fund as the governing body may direct, and it shall be used in the operation of the municipal government in accordance with budgetary arrangements governing the fund in which it is placed.
(Code 2000, § 6-114)
State law references: Similar provision, 11 O.S. § 27-109.
Sec. 16-25. Prosecuting attorney; duties; conflict of interest.
The attorney for the city, or his duly designated assistant, shall be the prosecuting officer of the court. He shall also prosecute all alleged violations of the ordinances of the city. He shall be authorized, in his discretion, to prosecute and resist appeal, proceedings in error and review from this court to any other court of the state, and to represent the city in all proceedings arising out of matters in this court.
(Code 2000, § 6-115)
State law references: Municipal attorney as prosecutor, 11 O.S. § 27-108.
Sec. 16-26. Bond of court clerk.
The clerk of the municipal court shall give bond in the form required by state law in the sum as set by the board of commissioners. When executed, the bond shall be submitted to the governing body for its approval. When approved, the bonds required by this section shall be filed with the clerk of the city and retained in the municipal archives.
(Code 2000, § 6-116)
State law references: Bond of court clerk and judge, 11 O.S. § 27-111.
Sec. 16-27. Rules of court.
The judge may prescribe rules consistent with the laws of the state and with the ordinances of the city for the proper conduct of the business of the court.
(Code 2000, § 6-117)
State law references: Rules for conduct of court business, 11 O.S. § 27-114.
Sec. 16-28. Enforcement of rules; contempt.
Obedience to the orders, rules and judgments made by the judge or by the court may be enforced by the judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of the state.
(Code 2000, § 6-118)
State law references: Contempt of court, 11 O.S. § 27-125.
Sec. 16-29. Style of prosecutions.
Except as provided otherwise in this chapter, all prosecutions commenced in the municipal court shall be initiated by filing of a written complaint which shall be subscribed and verified by the person making complaint and setting forth concisely the offense charged. All prosecutions for the violation of municipal ordinances shall be styled, "The City of Collinsville vs.________ (naming the person or persons charged)."
(Code 2000, § 6-119)
State law references: Prosecutions by verified complaint, style, 11 O.S. § 27-115.
Secs. 16-30– 16-46. Reserved.
ARTICLE III.
MUNICIPAL JUDGE
Sec. 16-47. Judge; qualifications.
There shall be one judge of the court. A judge shall be an attorney licensed to practice in the state, who resides in this county or an adjacent county and who maintains a permanent office in the city. A judge may engage in the practice of law in other courts, but he shall not accept employment inconsistent with his duties as judge or arising out of the facts which give rise to or are connected with cases within the jurisdiction of the court, pending therein or which might become the subject of proceedings therein.
(Code 2000, § 6-104; Ord. No. 570, 1-9-1989)
State law references: Municipal judges, 11 O.S. § 27-104.
Sec. 16-48. Term of judge.
The official term of the judge shall be two years expiring on May 15 in each even-numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified.
(Code 2000, § 6-105)
State law references: Similar provision, 11 O.S. § 27-104.
Sec. 16-49. Alternate judge.
There shall be appointed for each judge of the court an alternate judge possessed of the same qualifications as the judge. His appointment shall be for the same term and made in the same manner as the judge. He shall sit as acting judge of the court in any case if the judge is absent from the court, unable to act as judge or disqualified from acting as judge in the case.
(Code 2000, § 6-106)
State law references: Acting and alternate municipal judges, 11 O.S. § 27-106; vacancies in office of judge, 11 O.S. § 27-107.
Sec. 16-50. Acting judge.
If at any time there is no judge or alternate judge, duly appointed and qualified, available to sit as judge, the mayor, with consent of the governing body, shall appoint some person, possessing the qualifications required by this chapter for the judge, who shall preside as acting judge over the court in the disposition of pending matters until such time as a judge or alternate judge shall be available.
(Code 2000, § 6-107)
State law references: Acting and alternate municipal judges, 11 O.S. § 27-106; vacancies in office of judge, 11 O.S. § 27-107.
Sec. 16-51. Appointment of judge and alternate judge.
Judges and alternate judges shall be appointed by the mayor with the consent of the governing body. A proposed appointment shall be submitted in writing to the board of commissioners at the next to the last regularly scheduled meeting prior to the day upon which the appointment is to take effect, and shall be acted upon at the next regularly scheduled meeting. The board of commissioners may decide upon the proposed appointment by a majority vote of a quorum present and acting. Failure of decision upon a proposed appointment shall not prevent action thereon at a later regularly scheduled meeting of the governing body unless the mayor, in writing, withdraws the proposed appointment.
(Code 2000, § 6-108)
State law references: Municipal judges, 11 O.S. § 27-104; acting and alternate municipal judges, 11 O.S. § 27-106; vacancies in office of judge, 11 O.S. § 27-107.
Sec. 16-52. Salary and payments to judges.
A judge, other than an alternate judge or an acting judge, shall receive a monthly salary as set by the governing body by majority vote of a quorum present and acting. An alternate judge or an acting judge shall be paid a daily wage or salary as set by a majority vote of a quorum present and acting.
(Code 2000, § 6-109; Ord. No. 444, 9-26-1977)
State law references: Similar provisions, 11 O.S. § 27-104.
Sec. 16-53. Removal of judge.
(a) Judges shall be subject to removal from office by the board of commissioners for the causes prescribed by the constitution and laws of this state for the removal of public officers. Proceedings for removal shall be instituted by the filing of a verified written petition setting forth facts sufficient to constitute one or more legal grounds for removal. Petitions may be signed and filed by the mayor or 25 or more qualified electors of the city. Verification of the number or qualifications of electors shall be executed by one or more of the petitioners.
(b) The board of commissioners shall set a date for hearing the matter and shall cause notice thereof, together with a copy of the petition, to be served personally upon the judge at least ten days before the hearing. At the hearing, the judge shall be entitled to representation by counsel, to present testimony and to cross examine the witnesses against him and have all evidence against him presented in open hearing.
(c) So far as they can be applicable, the provisions of the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq., shall govern removal proceedings hereunder. Judgment of removal shall be entered only upon individual votes, by a majority of all members of the board of commissioners, in favor of such removal.
(Code 2000, § 6-110)
State law references: Grounds for removal of judiciary, 20 O.S. § 1404, Ok. Const. Art. VII-A, § 1.
Sec. 16-54. Vacancy in office of judge.
A vacancy in the office of judge shall occur if the incumbent dies, resigns or ceases to possess the qualifications for the office, or if he is removed, and the removal proceeding has been affirmed finally in judicial proceedings or is no longer subject to judicial review. Upon the occurrence of a vacancy in the office of judge, the mayor shall appoint a successor to complete the unexpired term upon the same procedure as an original appointment is made.
(Code 2000, § 6-111)
State law references: Similar provisions, 11 O.S. § 27-107.
Sec. 16-55. Disqualification of judge.
In prosecutions before the court, no change of venue shall be allowed; but the judge before whom the case is pending may certify his disqualification or he may be disqualified from sitting under the terms, conditions and procedure provided by law for courts of record. If a judge is disqualified, the matter shall be heard by an alternate or acting judge appointed as provided in this chapter.
(Code 2000, § 6-112)
State law references: Disqualification of trial judges, 20 O.S. § 1401.
Secs. 16-56– 16-83. Reserved.
ARTICLE IV.
RULES OF PROCEDURE
Sec. 16-84. Summons for arrest.
(a) 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, he 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, five days (Sundays and holidays excepted) after the summons is served upon him, and including such other pertinent information as may be necessary.
(b) 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.
(Code 2000, § 6-123)
State law references: Writs and process, service of arrest warrants, 11 O.S. § 27-113.
Sec. 16-85. Form of arrest warrant; execution.
(a) Except as otherwise provided by the board of commissioners upon the filing of a complaint approved by the endorsement of the attorney of the city or by the judge, there shall be issued a warrant of arrest, in the form prescribed by the board of commissioners, as amended from time to time.
(b) It shall be the duty of the marshal, 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.
(Code 2000, § 6-124)
State law references: Writs and process, service of arrest warrants, 11 O.S. § 27-113.
Sec. 16-86. Procedures for bail or bond.
Upon arrest, or upon appearance without arrest in response to a 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 or 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 $10.00 nor more than the maximum monetary penalty provided by ordinance for the offense charged.
(Code 2000, § 6-125)
State law references: Amount and conditions of bond, 11 O.S. § 27-117.
Sec. 16-87. Arraignment and pleadings by defendant.
Upon making his appearance before the court, the defendant shall be arraigned. The judge, or the attorney of the city, 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. If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition. 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.
(Code 2000, § 6-126)
State law references: Arraignments and fines in lieu of appearance, 11 O.S. § 27-116.
Sec. 16-88. Trials and judgments.
(a) Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.
(b) The defendant must be present in person at the trial or be represented by counsel if permitted by the judge.
(c) In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal criminal courts, or by rules duly promulgated by the Supreme Court of the state, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective.
(d) 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) At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.
(f) 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) 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 $5.00 of fine or as set out in subsection (h) of this section for defendants who are without means to make such payment.
(h) If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to this judicial district, where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
(Code 2000, § 6-127)
State law references: Jury trials, 11 O.S. § 27-119.
Sec. 16-89. Sentencing.
(a) The judge may suspend, modify, defer or reduce a sentence in accordance with 11 O.S. §§ 27-123 and 27-124.
(b) A judge who is licensed to practice law in the state in imposing a judgment and sentence, at his discretion, is empowered to modify, reduce, or suspend or defer the imposition of such sentence or any part thereof and to authorize probation for a period not to exceed six months from the date of sentence, under such terms or conditions as the judge may specify. Procedures relating to suspension of the judgment or costs or both shall be as provided in 11 O.S. § 27-123.
(c) Upon completion of the probation term, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty or plea of guilty shall be expunged from the record and the charge dismissed with prejudice to any further action.
(d) Upon a finding of the court that the conditions of probation have been violated, the municipal judge may enter a judgment of guilty.
(e) The judge may continue or delay imposing a judgment and sentence for a period of time not to exceed six months from the date of sentence. At the expiration of such period of time the judge may allow the municipal attorney to amend the charge to a lesser offense. If a deferred sentence is imposed, an administrative fee may also be imposed as costs in an amount not to exceed that which is established by state law.
(Code 2000, § 6-128; Ord. No. 824, § 1(6-128), 10-6-2008)
State law references: Execution of sentences of municipal court, 11 O.S. § 27-122.1; community service in lieu of or in conjunction with fine, 11 O.S. § 27-122.2; suspension of judgment or costs, 11 O.S. § 27-123; supervision of juveniles on parole or probation, 11 O.S. § 27-124.
Sec. 16-90. Imprisonment; work by prisoners.
(a) All sentences of imprisonment shall be executed by the chief of police of the city, and any person convicted of a violation of any ordinance of the city and sentenced to imprisonment shall be confined in the jail, farm or workhouse of the city, in the discretion of the court, for the time specified in the sentence.
(b) If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the clerk, shall be delivered to the chief of police, the sheriff of the county or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence.
(c) All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings, or other public premises or property. For each day of such work, the prisoner shall be credited for serving one day of imprisonment under his sentence.
(d) The chief of police, subject to the direction of the governing body, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be performed, himself, orsome person designated by him, shall oversee the work. If a guard is necessary, the chief of police shall make provision therefor.
(Code 2000, § 6-129)
State law references: Execution of sentences of municipal court, 11 O.S. § 27-122.1; community service in lieu of or in conjunction with fine, 11 O.S. § 27-122.2.
Sec. 16-91. Fines and costs.
If a judgment of conviction is entered, the clerk of the court shall tax the costs to the defendant in addition to the total amount of the fine not to exceed the maximum amount allowed by state law and, if not established by state law, in an amount established by municipal court rule or city commission resolution.
(Code 2000, § 6-130; Ord. No. 550, 8-18-1986; Ord. No. 608, 9-30-1991; Ord. No. 824, § 1(6-130), 10-6-2008)
State law references: Enforcement of payment of fines and costs, 11 O.S. § 27-122.
Sec. 16-92. Penalty assessment.
(a) Any person convicted of an offense shall be taxed and assessed all penalties allowed by state law to be recovered from the defendant in addition to fines and costs. The penalties shall include administrative fees for handling funds collected as a penalty assessment and the court is authorized to retain the percentage of such monies and interest as provided for by state law.
(b) As used in this section, the term "convicted" means any final adjudication of guilty, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence or judgment.
(Code 2000, § 6-131; Ord. No. 824, § 1(6-131), 10-6-2008)
State law references: Enforcement of payment of fines and costs, 11 O.S. § 27-122.
Secs. 16-93– 16-112. Reserved.
ARTICLE V.
TRAFFIC VIOLATIONS
Sec. 16-113. Creation of traffic violations bureau.
(a) A traffic violations bureau hereby is established as a division of the office of the clerk of the court, to be administered by the clerk or by subordinates designated by him for that purpose. Persons who are cited for violation of one of the traffic regulatory ordinances of the city, other than a second traffic offense within a 12-month period, a driver's license offense or an offense punishable by a fine of more than $35.00 or by imprisonment, may elect to pay a fine in the traffic violations bureau according to the schedule of fines as determined by the board of commissioners.
(b) The court may adopt rules to carry into effect this section. Payment of a fine under this section, in the time and manner prescribed, shall constitute a final determination of cause against the defendant. If a defendant who has elected to pay a fine under this section fails to do so, prosecution shall proceed under the provisions of this chapter.
(Code 2000, § 6-122)
State law references: Report of convictions to be filed by traffic violations bureau, 47 O.S. § 18-101.
Sec. 16-114. Traffic violations; procedures for issuing citation; custody, arrest.
(a) If a police officer observes facts which he believes constitute a violation of the traffic ordinances of the city, committed by a resident 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 the 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 30 days thereafter, 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, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
(b) If the alleged traffic violation is committed by a nonresident or resident of the city, the police officer may:
(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;
(2) Take the person in 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) 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 (a) or (b) 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 (a) or (b) of this section.
(Code 2000, § 6-120; Ord. No. 468, 12-10-1979)
State law references: Arrest for misdemeanor traffic violation of than parking or standing, bail, 11 O.S. § 27-117.1.
Sec. 16-115. Traffic bail bond procedures.
(a) In addition to other provisions of law for posting bail, any person, whether a resident of the 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, 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; 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;
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;
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) 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'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;
(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 drivers license in this state or in the nonresident's home state, pursuant to the Nonresident Violator Compact.
(c) 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 drivers licenses shall be as required in 22 O.S. § 1115.1 et seq.
(d) 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 for 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.
(e) 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 and the municipal or district court clerk must notify the department within 120 calendar days from the date the citation was issued by the arresting officer, and 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 for 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.
(f) The court clerk shall request the state department of public safety to either suspend the defendant's 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 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 subsection if, with respect to such charges:
(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 for in this section, or, if released, was not permitted to remain on such personal recognizance for arraignment;
(3) The violation relates to parking or standing, an overweight violation, an overweight permit, or the transportation of hazardous materials; or
(4) A period of 120 calendar days or more has elapsed from the date the citation was issued by the arresting officer.
(g) The court clerk shall maintain a record of each request for 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.
(h) 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 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.
(Code 2000, § 6-121)
State law references: Arrest for misdemeanor traffic violation other than parking or standing, bail, 11 O.S. § 27-117.1; State and Municipal Bail Bond Procedure Act, 22 O.S. § 1115 et seq.