Okla. Stat. tit. 22, § 22-1115.1

Failure to plead or appear.

A. 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:

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, which is a participant in the Nonresident

Violator Compact 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, or

b. negligent homicide, or

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, or

d. eluding or attempting to elude a law enforcement

officer, or

e. operating a motor vehicle without having been issued a

valid driver license, or while the driving privilege

Oklahoma Statutes - Title 22. Criminal Procedure Page 420

and driver license is under suspension, revocation,

denial or cancellation, or

f. an arrest based upon an outstanding warrant, or

g. a traffic violation coupled with any offense stated in

subparagraphs a through f of this paragraph.

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 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 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

contact, pay, or appear at the court, 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.

C. The court, or the court clerk as directed by the court, may

continue or reschedule the date and time of arraignment 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 was 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.
t was 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. 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 421

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 Section 1115.3 of this title as bail for

the violation; or

2. In case of a municipal violation, as prescribed by municipal

ordinance for the violation charged; or

3. In the absence of such law or ordinance, then as prescribed

by the court.

E. 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 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 Service Oklahoma 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 Service Oklahoma to

either suspend the defendant’s driving privilege and driver 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 license in accordance with the provisions of

the Nonresident Violator Compact. Such notice and request shall be

on a form approved or furnished by Service Oklahoma.

2. The court clerk shall not process the notification and

request provided for in paragraph 1 of this subsection if, with

respect to such charges:

a. the defendant was arraigned, posted bail, paid a fine,

was jailed, or otherwise settled the case, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 422

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, 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. Following receipt of the notice and request from the court

clerk for driving privilege and driver license suspension as
, 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. Following receipt of the notice and request from the court

clerk for driving privilege and driver license suspension as

provided for in subsection E of this section, Service Oklahoma shall

proceed as provided for in Section 1115.5 of this title.

G. The municipal or district court clerk shall maintain a

record of each request for driving privilege and driver license

suspension submitted to Service Oklahoma 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,

and shall, in all other cases, notify Service Oklahoma, of the

resolution of the case. The form of proof and the procedures for

notification shall be approved by Service Oklahoma. 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 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 thereto upon

request.