Okla. Stat. tit. 47, § 47-6-211

Oklahoma Statutes - Title 47. Motor Vehicles Page 384

A. Any person denied driving privileges, or whose driving

privilege has been canceled, denied, suspended or revoked by Service

Oklahoma, except where such cancellation, denial, suspension or

revocation is mandatory, under the provisions of Section 6-205 of

this title, or disqualified by Service Oklahoma, under the

provisions of Section 6-205.2 or 761 of this title, shall have the

right of appeal to the district court as hereinafter provided.

Proceedings before the district court shall be exempt from the

provisions of the Oklahoma Pleading and Discovery codes, except that

the appeal shall be by petition, without responsive pleadings. The

district court is hereby vested with original jurisdiction to hear

the petition.

B. A person whose driving privilege is denied, canceled,

revoked or suspended due to inability to meet standards prescribed

by law, or due to an out-of-state conviction or violation, or due to

an excessive point accumulation on the traffic record, or for an

unlawful license issued, may appeal in the county in which the

person resides.

C. Any person whose driving privilege is canceled, denied,

suspended or revoked may appeal to the district court in the county

in which the offense was committed upon which Service Oklahoma based

its order.

D. A person whose driving privilege is subject to revocation

pursuant to Section 753 or 754 of this title may appeal to the

district court in the county in which the arrest occurred relating

to the test refusal or test result, as shown by the records of

Service Oklahoma.

E. The petition must be filed within thirty (30) days after the

notice of revocation, pursuant to Section 753 or 754 of this title,

has been mailed to the person by Service Oklahoma pursuant to

Section 2-116 of this title. The petition shall contain a

description of the facts and circumstances of the underlying

incident sufficient to determine the arresting law enforcement

agency, the date of the incident, and the date of receipt of the

notice. It shall be the duty of the district court to enter an

order setting the matter for hearing not less than thirty (30) days

and not more than sixty (60) days from the date the petition is

filed. For the purposes of this section, the hearing shall include,

but is not limited to, a status hearing, scheduling conference,

and/or other examination of the merits of the petition. Nothing in

this section shall require that final disposition of the matter is

to be completed within sixty (60) days, so long as the court has

conducted a hearing as set forth above. A certified copy of

petition and the order for hearing shall be served forthwith by the

petitioner to the office of Service Oklahoma by certified mail at

Service Oklahoma, Oklahoma City, Oklahoma.

Oklahoma Statutes - Title 47. Motor Vehicles Page 385

F. Upon a hearing relating to a revocation or disqualification

pursuant to a conviction for an offense enumerated in Section 6-205,

6-205.2 or 761 of this title, the court shall not consider the

propriety or merits of the revocation or disqualification action,

except to correct the identity of the person convicted as shown by

records of Service Oklahoma.

G. Service Oklahoma shall take no action on a sworn report of a

law enforcement officer not received by Service Oklahoma after the

expiration of one hundred eighty (180) days of the arrest of the

person. In no event shall a court award costs or fees, including

attorney fees, based upon the records of Service Oklahoma that do

not reflect the receipt of the sworn report as described in this

subsection.

H. The court shall take testimony and examine the facts and

circumstances, including all of the records on file in the office of

Service Oklahoma relative to the offense committed and the driving

record of the person, and determine from the facts, circumstances,
es, based upon the records of Service Oklahoma that do

not reflect the receipt of the sworn report as described in this

subsection.

H. The court shall take testimony and examine the facts and

circumstances, including all of the records on file in the office of

Service Oklahoma relative to the offense committed and the driving

record of the person, and determine from the facts, circumstances,

and records whether or not the petitioner is entitled to driving

privileges or shall be subject to the order of denial, cancellation,

suspension or revocation issued by Service Oklahoma. In case the

court finds that the order was not justified, the court may sustain

the appeal, vacate the order of Service Oklahoma and direct that

driving privileges be restored to the petitioner, if otherwise

eligible.

I. The testimony of any hearing pursuant to this section shall

be taken by the court stenographer and preserved for the purpose of

appeal and, in case Service Oklahoma files notice of appeal from the

order of the court as provided herein, the court shall order and

direct the court clerk to prepare and furnish a complete transcript

of all pleadings and proceedings, together with a complete

transcript taken at the hearing at no cost to Service Oklahoma,

except the cost of transcribing.

J. Upon Service Oklahoma's receipt of a petition challenging

Service Oklahoma's action against the driving privileges of any

person under this title, Service Oklahoma shall withhold taking the

action which is the subject of the appeal or stay the order which is

the subject of the appeal. During the pendency of the appeal,

Service Oklahoma shall grant or restore driving privileges to the

person if the person is otherwise eligible.

K. An appeal may be taken by the person or by Service Oklahoma

from the order or judgment of the district court to the Supreme

Court of the State of Oklahoma as otherwise provided by law.