{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1115.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1115.2","heading":"Posting bail after release on personal recognizance for","body":"traffic violation - Failure to appear - Person ineligible for\n\nrelease on personal recognizance - Juveniles.\n\nA. If a person arrested for a traffic violation is released\n\nupon personal recognizance as provided for in Section 1115.1 of this\n\ntitle, but subsequently posts bail and thereafter fails to timely\n\nappear as provided for by law, the court may issue a warrant for the\n\nperson's arrest and the case shall be processed as follows:\n\n1. If for a state traffic violation, as provided for in Section\n\n1108 of this title; or\n\n2. If for a violation filed in a municipal court not of record,\n\nas provided for in Section 27-118 of Title 11 of the Oklahoma\n\nStatutes; or\n\n3. If for a violation filed in a municipal court of record, as\n\nprovided for in Section 28-127 of Title 11 of the Oklahoma Statutes.\n\nB. If the defendant is not eligible for release upon personal\n\nrecognizance as provided for in Section 1115.1 of this title, or if\n\neligible but refuses to sign a written promise to appear, the\n\nofficer shall deliver the person to an appropriate magistrate for\n\narraignment and the magistrate shall proceed as otherwise provided\n\nfor by law. If no magistrate is available, the defendant shall be\n\nplaced in the custody of the appropriate municipal or county jailor\n\nor custodian, to be held until a magistrate is available or bail is\n\nposted as provided for in Section 1115.3 of this title or as\n\notherwise provided for by law or ordinance.\n\nC. 1. Notwithstanding any other provision of law, a juvenile\n\nmay be held in custody pursuant to the provisions of this section,\n\nbut shall be incarcerated separately from any adult offender.\n\nProvided however, the arresting officer shall not be required to:\n\na. place a juvenile into custody as provided for in this\n\nsection, or\n\nb. place any other traffic offender into custody:\n\n(1) who is injured, disabled, or otherwise\n\nincapacitated, or\n\n(2) if custodial arrest may require impoundment of a\n\nvehicle containing livestock, perishable cargo,\n\nor items requiring special maintenance or care,\n\nor\n\n(3) if extraordinary circumstances exist, which, in\n\nthe judgment of the arresting officer, custodial\n\narrest should not be made.\n\nIn such cases, the arresting officer may designate the date and time\n\non the citation by which, or on which, the person shall appear or\n\ncontact the court, as applicable to the court, and release the\n\nperson. If the person fails to appear without good cause shown, the\n\ncourt may issue a warrant for the person's arrest.\n\n2. The provisions of this subsection shall not be construed to:\n\na. create any duty on the part of the officer to release\n\na person from custody, or\n\nb. create any duty on the part of the officer to make any\n\ninquiry or investigation relating to any condition\n\nwhich may justify release under this subsection, or\n\nc. create any liability upon any officer, or the state or\n\nany political subdivision thereof, arising from the\n\ndecision to release or not to release such person from\n\ncustody pursuant to the provisions of this subsection.","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":"45b36beaa464cc516e088890e3857373d6d4ff4d954556a573c7db0ebdac6563","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1115.1a","next":"us-ok/okla.-stat.-tit.-22-22-1115.2b"},"notice":"GroundRules: Original legal text. Not legal advice."}