Okla. Stat. tit. 22, § 22-1115.1A

– Arraignment – Plea – 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 423

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 and certifies the date and time and the location of

the violation, as evidenced by the electronic signature of the

officer;

3. The arrested person 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 license or while the driving privilege

and driver 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

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 on the citation:

1. Designate the traffic charge;

2. Record information from the driver license of the arrested

person on the citation form, including the name, address, date of

birth, physical 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 which, or before which, the

arrested person promises, as evidenced by the electronic signature

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of the person, to contact, pay, or appear at the court, as

applicable to the court;

5. Record the electronic signature of the arrested person which

shall serve as evidence and acknowledgment of a promise to contact,

pay, or appear at the court, as provided for in the citation; and

6. Record the electronic signature of the arrested person which

shall serve as evidence to certify the date and time and the

location that the arrested person was served with a copy of the

citation and notice to appear,

after which, 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 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 license of the

arrested person in this state, or in the home state of the

nonresident 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 at the
ment is conditional and that

failure to timely appear for arraignment shall result in the

suspension of the driving privilege and driver license of the

arrested person in this state, or in the home state of the

nonresident 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 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 acknowledged 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 electronically 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, 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

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defendant shall not use currency for payment by mail. Payment of

the fine and costs which is not accompanied by a written plea of

guilty or nolo contendere shall constitute a plea of nolo contendere

entered by the defendant as allowed by law, and shall function as a

written, dated and signed citation form acceptable to the court. A

plea of guilty or nolo contendere as provided for in this subsection

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;

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. The municipal or district court clerk, within one (1)

calendar year 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

acknowledging 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 driving privilege and driver license of the
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 driving privilege and driver 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 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 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,

b. the defendant was not released upon personal

recognizance upon an acknowledged written promise to

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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, or

d. a period of one (1) calendar year 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 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 email if the defendant has furnished an email

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 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, failure by the court or court clerk 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 to

such proof or notice upon request.

H. For purposes of this section, "electronic signature" shall

have the same meaning as defined in Section 15-102 of Title 12A of

the Oklahoma Statutes.