{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1115.1a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1115.1A","heading":"Release on personal recognizance for traffic violation","body":"– Arraignment – Plea – 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 and certifies the date and time and the location of\n\nthe violation, as evidenced by the electronic signature of the\n\nofficer;\n\n3. The arrested person acknowledges, as evidenced by the\n\nelectronic signature of the person, 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,\n\nb. negligent homicide,\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,\n\nd. eluding or attempting to elude a law enforcement\n\nofficer,\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,\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 on the citation:\n\n1. Designate the traffic charge;\n\n2. Record information from the driver license of the arrested\n\nperson on the citation form, including the name, address, date of\n\nbirth, physical description, type of driver license, driver license\n\nnumber, issuing state, and expiration date;\n\n3. Record the motor vehicle make, model and tag information;\n\n4. Record the date and time on which, or before which, the\n\narrested person promises, as evidenced by the electronic signature\n\nof the person, to contact, pay, or appear at the court, as\n\napplicable to the court;\n\n5. Record the electronic signature of the arrested person which\n\nshall serve as evidence and acknowledgment of a promise to contact,\n\npay, or appear at the court, as provided for in the citation; and\n\n6. Record the electronic signature of the arrested person which\n\nshall serve as evidence to certify the date and time and the\n\nlocation that the arrested person was served with a copy of the\n\ncitation and notice to appear,\n\nafter which, the arresting officer shall then release the person\n\nupon personal recognizance based upon the acknowledged promise to\n\nappear. The citation shall contain a written notice to the arrested\n\nperson that release upon personal recognizance based upon an\n\nacknowledged promise to appear, as evidenced by the electronic\n\nsignature of the person, for arraignment is conditional and that\n\nfailure to timely appear for arraignment shall result in the\n\nsuspension of the driving privilege and driver license of the\n\narrested person in this state, or in the home state of the\n\nnonresident pursuant to the Nonresident 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 at the\nment is conditional and that\n\nfailure to timely appear for arraignment shall result in the\n\nsuspension of the driving privilege and driver license of the\n\narrested person in this state, or in the home state of the\n\nnonresident pursuant to the Nonresident 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 at the\n\ndiscretion of the court or upon request of the arrested person or\n\nthe attorney for that person. If the arraignment is continued or\n\nrescheduled, the arrested person shall remain on personal\n\nrecognizance and acknowledged promise to appear until such\n\narraignment, in the same manner and with the same consequences as if\n\nthe continued or rescheduled arraignment was entered on the citation\n\nby the arresting officer and electronically signed by the defendant.\n\nAn arraignment 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, together with the\n\ndate of the plea and signature of the defendant, or such plea may be\n\nentered by the defendant using an electronic method provided by the\n\ncourt for such purposes, either through the website of the court or\n\notherwise. The defendant shall be responsible for assuring full\n\npayment of the fine and costs to the appropriate court clerk.\n\nPayment of the fine and costs may be made by personal, cashier's,\n\ntraveler's, certified or guaranteed bank check, postal or commercial\n\nmoney order, or other form of payment approved by the court in an\n\namount prescribed as bail for the offense. Provided, however, the\n\ndefendant shall not use currency for payment by mail. Payment of\n\nthe fine and costs which is not accompanied by a written plea of\n\nguilty or nolo contendere shall constitute a plea of nolo contendere\n\nentered by the defendant as allowed by law, and shall function as a\n\nwritten, dated and signed citation form acceptable to the court. A\n\nplea of guilty or nolo contendere as provided for in this subsection\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;\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. The municipal or district court clerk, within one (1)\n\ncalendar year from the date the citation was issued by the arresting\n\nofficer, shall notify Service Oklahoma that:\n\na. the defendant was issued a traffic citation and\n\nreleased upon personal recognizance after\n\nacknowledging a written promise to appear for\n\narraignment as provided for 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 driving privilege and driver license of the\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 driving privilege and driver license of the\n\ndefendant to operate a motor vehicle in this state, or notify the\n\nhome state of the defendant and request suspension of the driving\n\nprivilege and driver license of the defendant in accordance with the\n\nprovisions of the Nonresident Violator Compact. The notice and\n\nrequest shall be on a form approved or furnished by Service\n\nOklahoma.\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,\n\nb. the defendant was not released upon personal\n\nrecognizance upon an acknowledged written promise to\n\nappear as provided for in this section or if released,\n\nwas not permitted to remain on such personal\n\nrecognizance for arraignment,\n\nc. the violation relates to parking or standing, or\n\nd. a period of one (1) calendar year or more has elapsed\n\nfrom the date the citation was issued by the arresting\n\nofficer.\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 the defendant, if the\n\ndefendant 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 or by email if the defendant has furnished an email\n\naddress for such purposes. Additionally, the court or court clerk\n\nshall notify the home jurisdiction of the defendant as listed on the\n\ncitation, if such jurisdiction is a member of the Nonresident\n\nViolator Compact, and shall, in all other cases, notify Service\n\nOklahoma of the resolution of the case. The form of proof and the\n\nprocedures for notification shall be approved by Service Oklahoma.\n\nProvided however, failure by the court or court clerk to furnish\n\nsuch proof or notice in the manner provided for in this subsection\n\nshall in no event create any civil liability upon the court, the\n\ncourt clerk, the State of Oklahoma or any political subdivision\n\nthereof, or any state department or agency or any employee thereof\n\nbut duplicate proof shall be furnished to the person entitled to\n\nsuch proof or notice upon request.\n\nH. For purposes of this section, \"electronic signature\" shall\n\nhave the same meaning as defined in Section 15-102 of Title 12A of\n\nthe Oklahoma Statutes.","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":"a16431bbb07d2fe37ee3c4ed24097455af82dc0205824a7df793083f7a382ae6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1115.1","next":"us-ok/okla.-stat.-tit.-22-22-1115.2"},"notice":"GroundRules: Original legal text. Not legal advice."}