{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1115.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1115.1","heading":"Release on personal recognizance - Arraignment - Plea -","body":"Failure to plead or appear.\n\nA. In addition to other provisions of law for posting bail, any\n\nperson, whether a resident of this state or a nonresident, who is\n\narrested by a law enforcement officer solely for a misdemeanor\n\nviolation of a state traffic law or municipal traffic ordinance,\n\nshall be released by the arresting officer upon personal\n\nrecognizance if:\n\n1. The arrested person has been issued a valid license to\n\noperate a motor vehicle by this state, another state jurisdiction\n\nwithin the United States, which is a participant in the Nonresident\n\nViolator Compact or any party jurisdiction of the Nonresident\n\nViolator Compact;\n\n2. The arresting officer is satisfied as to the identity of the\n\narrested person;\n\n3. The arrested person signs a written promise to appear as\n\nprovided for on the citation, unless the person is unconscious or\n\ninjured and requires immediate medical treatment as determined by a\n\ntreating physician; and\n\n4. The violation does not constitute:\n\na. a felony, or\n\nb. negligent homicide, or\n\nc. driving or being in actual physical control of a motor\n\nvehicle while impaired or under the influence of\n\nalcohol or other intoxicating substances, unless the\n\nperson is unconscious or injured and requires\n\nimmediate medical treatment as determined by a\n\ntreating physician, or\n\nd. eluding or attempting to elude a law enforcement\n\nofficer, or\n\ne. operating a motor vehicle without having been issued a\n\nvalid driver license, or while the driving privilege\n\nand driver license is under suspension, revocation,\n\ndenial or cancellation, or\n\nf. an arrest based upon an outstanding warrant, or\n\ng. a traffic violation coupled with any offense stated in\n\nsubparagraphs a through f of this paragraph.\n\nB. If the arrested person is eligible for release on personal\n\nrecognizance as provided for in subsection A of this section, then\n\nthe arresting officer shall:\n\n1. Designate the traffic charge;\n\n2. Record information from the arrested person’s driver license\n\non the citation form, including the name, address, date of birth,\n\npersonal description, type of driver license, driver license number,\n\nissuing state, and expiration date;\n\n3. Record the motor vehicle make, model and tag information;\n\n4. Record the date and time on the citation on which, or before\n\nwhich, the arrested person promises to contact, pay, or appear at\n\nthe court, as applicable to the court; and\n\n5. Permit the arrested person to sign a written promise to\n\ncontact, pay, or appear at the court, as provided for in the\n\ncitation.\n\nThe arresting officer shall then release the person upon personal\n\nrecognizance based upon the signed promise to appear. The citation\n\nshall contain a written notice to the arrested person that release\n\nupon personal recognizance based upon a signed written promise to\n\nappear for arraignment is conditional and that failure to timely\n\nappear for arraignment shall result in the suspension of the\n\narrested person’s driving privilege and driver license in this\n\nstate, or in the nonresident’s home state pursuant to the\n\nNonresident Violator Compact.\n\nC. The court, or the court clerk as directed by the court, may\n\ncontinue or reschedule the date and time of arraignment upon request\n\nof the arrested person or the attorney for that person. If the\n\narraignment is continued or rescheduled, the arrested person shall\n\nremain on personal recognizance and written promise to appear until\n\nsuch arraignment, in the same manner and with the same consequences\n\nas if the continued or rescheduled arraignment was entered on the\n\ncitation by the arresting officer and signed by the defendant. An\n\narraignment may be continued or rescheduled more than one time.\n\nProvided, however, the court shall require an arraignment to be had\n\nwithin a reasonable time. It shall remain the duty of the defendant\n\nto appear for arraignment unless the citation is satisfied as\n\nprovided for in subsection D of this section.\nt was entered on the\n\ncitation by the arresting officer and signed by the defendant. An\n\narraignment may be continued or rescheduled more than one time.\n\nProvided, however, the court shall require an arraignment to be had\n\nwithin a reasonable time. It shall remain the duty of the defendant\n\nto appear for arraignment unless the citation is satisfied as\n\nprovided for in subsection D of this section.\n\nD. A defendant released upon personal recognizance may elect to\n\nenter a plea of guilty or nolo contendere to the violation charged\n\nat any time before the defendant is required to appear for\n\narraignment by indicating such plea on the copy of the citation\n\nfurnished to the defendant or on a legible copy thereof, together\n\nwith the date of the plea and signature. The defendant shall be\n\nresponsible for assuring full payment of the fine and costs to the\n\nappropriate court clerk. Payment of the fine and costs may be made\n\nby personal, cashier’s, traveler’s, certified or guaranteed bank\n\ncheck, postal or commercial money order, or other form of payment\n\napproved by the court in an amount prescribed as bail for the\n\noffense. Provided, however, the defendant shall not use currency\n\nfor payment by mail. If the defendant has entered a plea of guilty\n\nor nolo contendere as provided for in this subsection, such plea\n\nshall be accepted by the court and the amount of the fine and costs\n\nshall be:\n\n1. As prescribed in Section 1115.3 of this title as bail for\n\nthe violation; or\n\n2. In case of a municipal violation, as prescribed by municipal\n\nordinance for the violation charged; or\n\n3. In the absence of such law or ordinance, then as prescribed\n\nby the court.\n\nE. 1. If, pursuant to the provisions of subsection D of this\n\nsection, the defendant does not timely elect to enter a plea of\n\nguilty or nolo contendere and fails to timely appear for\n\narraignment, the court may issue a warrant for the arrest of the\n\ndefendant and the municipal or district court clerk, within one\n\nhundred twenty (120) calendar days from the date the citation was\n\nissued by the arresting officer, shall notify Service Oklahoma that:\n\na. the defendant was issued a traffic citation and\n\nreleased upon personal recognizance after signing a\n\nwritten promise to appear for arraignment as provided\n\nfor in the citation,\n\nb. the defendant has failed to appear for arraignment\n\nwithout good cause shown,\n\nc. the defendant has not posted bail, paid a fine, or\n\nmade any other arrangement with the court to satisfy\n\nthe citation, and\n\nd. the citation has not been satisfied as provided by\n\nlaw.\n\nAdditionally, the court clerk shall request Service Oklahoma to\n\neither suspend the defendant’s driving privilege and driver license\n\nto operate a motor vehicle in this state, or notify the defendant’s\n\nhome state and request suspension of the defendant’s driving\n\nprivilege and driver license in accordance with the provisions of\n\nthe Nonresident Violator Compact. Such notice and request shall be\n\non a form approved or furnished by Service Oklahoma.\n\n2. The court clerk shall not process the notification and\n\nrequest provided for in paragraph 1 of this subsection if, with\n\nrespect to such charges:\n\na. the defendant was arraigned, posted bail, paid a fine,\n\nwas jailed, or otherwise settled the case, or\n\nb. the defendant was not released upon personal\n\nrecognizance upon a signed written promise to appear\n\nas provided for in this section or if released, was\n\nnot permitted to remain on such personal recognizance\n\nfor arraignment, or\n\nc. the violation relates to parking or standing, or\n\nd. a period of one hundred twenty (120) calendar days or\n\nmore has elapsed from the date the citation was issued\n\nby the arresting officer.\n\nF. Following receipt of the notice and request from the court\n\nclerk for driving privilege and driver license suspension as\n, was\n\nnot permitted to remain on such personal recognizance\n\nfor arraignment, or\n\nc. the violation relates to parking or standing, or\n\nd. a period of one hundred twenty (120) calendar days or\n\nmore has elapsed from the date the citation was issued\n\nby the arresting officer.\n\nF. Following receipt of the notice and request from the court\n\nclerk for driving privilege and driver license suspension as\n\nprovided for in subsection E of this section, Service Oklahoma shall\n\nproceed as provided for in Section 1115.5 of this title.\n\nG. The municipal or district court clerk shall maintain a\n\nrecord of each request for driving privilege and driver license\n\nsuspension submitted to Service Oklahoma pursuant to the provisions\n\nof this section. When the court or court clerk receives appropriate\n\nbail or payment of the fine and costs, settles the citation, makes\n\nother arrangements with the defendant, or otherwise closes the case,\n\nthe court clerk shall furnish proof thereof to such defendant, if\n\nthe defendant personally appears, or shall mail such proof by first\n\nclass mail, postage prepaid, to the defendant at the address noted\n\non the citation or at such other address as is furnished by the\n\ndefendant. Additionally, the court or court clerk shall notify the\n\nhome jurisdiction of the defendant as listed on the citation, if\n\nsuch jurisdiction is a member of the Nonresident Violator Compact,\n\nand shall, in all other cases, notify Service Oklahoma, of the\n\nresolution of the case. The form of proof and the procedures for\n\nnotification shall be approved by Service Oklahoma. Provided,\n\nhowever, the court or court clerk’s failure to furnish such proof or\n\nnotice in the manner provided for in this subsection shall in no\n\nevent create any civil liability upon the court, the court clerk,\n\nthe State of Oklahoma or any political subdivision thereof, or any\n\nstate department or agency or any employee thereof but duplicate\n\nproof shall be furnished to the person entitled thereto upon\n\nrequest.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f333dbb44a4b7400df14104a406161f0f3d2ba4f0d657ceaa935e06aa3b33e27","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1115","next":"us-ok/okla.-stat.-tit.-22-22-1115.1a"},"notice":"GroundRules: Original legal text. Not legal advice."}