{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-6-211","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-6-211","heading":"Right of appeal to district court","body":"\n\nA. Any person denied driving privileges, or whose driving\n\nprivilege has been canceled, denied, suspended or revoked by Service\n\nOklahoma, except where such cancellation, denial, suspension or\n\nrevocation is mandatory, under the provisions of Section 6-205 of\n\nthis title, or disqualified by Service Oklahoma, under the\n\nprovisions of Section 6-205.2 or 761 of this title, shall have the\n\nright of appeal to the district court as hereinafter provided.\n\nProceedings before the district court shall be exempt from the\n\nprovisions of the Oklahoma Pleading and Discovery codes, except that\n\nthe appeal shall be by petition, without responsive pleadings. The\n\ndistrict court is hereby vested with original jurisdiction to hear\n\nthe petition.\n\nB. A person whose driving privilege is denied, canceled,\n\nrevoked or suspended due to inability to meet standards prescribed\n\nby law, or due to an out-of-state conviction or violation, or due to\n\nan excessive point accumulation on the traffic record, or for an\n\nunlawful license issued, may appeal in the county in which the\n\nperson resides.\n\nC. Any person whose driving privilege is canceled, denied,\n\nsuspended or revoked may appeal to the district court in the county\n\nin which the offense was committed upon which Service Oklahoma based\n\nits order.\n\nD. A person whose driving privilege is subject to revocation\n\npursuant to Section 753 or 754 of this title may appeal to the\n\ndistrict court in the county in which the arrest occurred relating\n\nto the test refusal or test result, as shown by the records of\n\nService Oklahoma.\n\nE. The petition must be filed within thirty (30) days after the\n\nnotice of revocation, pursuant to Section 753 or 754 of this title,\n\nhas been mailed to the person by Service Oklahoma pursuant to\n\nSection 2-116 of this title. The petition shall contain a\n\ndescription of the facts and circumstances of the underlying\n\nincident sufficient to determine the arresting law enforcement\n\nagency, the date of the incident, and the date of receipt of the\n\nnotice. It shall be the duty of the district court to enter an\n\norder setting the matter for hearing not less than thirty (30) days\n\nand not more than sixty (60) days from the date the petition is\n\nfiled. For the purposes of this section, the hearing shall include,\n\nbut is not limited to, a status hearing, scheduling conference,\n\nand/or other examination of the merits of the petition. Nothing in\n\nthis section shall require that final disposition of the matter is\n\nto be completed within sixty (60) days, so long as the court has\n\nconducted a hearing as set forth above. A certified copy of\n\npetition and the order for hearing shall be served forthwith by the\n\npetitioner to the office of Service Oklahoma by certified mail at\n\nService Oklahoma, Oklahoma City, Oklahoma.\n\nF. Upon a hearing relating to a revocation or disqualification\n\npursuant to a conviction for an offense enumerated in Section 6-205,\n\n6-205.2 or 761 of this title, the court shall not consider the\n\npropriety or merits of the revocation or disqualification action,\n\nexcept to correct the identity of the person convicted as shown by\n\nrecords of Service Oklahoma.\n\nG. Service Oklahoma shall take no action on a sworn report of a\n\nlaw enforcement officer not received by Service Oklahoma after the\n\nexpiration of one hundred eighty (180) days of the arrest of the\n\nperson. In no event shall a court award costs or fees, including\n\nattorney fees, based upon the records of Service Oklahoma that do\n\nnot reflect the receipt of the sworn report as described in this\n\nsubsection.\n\nH. The court shall take testimony and examine the facts and\n\ncircumstances, including all of the records on file in the office of\n\nService Oklahoma relative to the offense committed and the driving\n\nrecord of the person, and determine from the facts, circumstances,\nes, based upon the records of Service Oklahoma that do\n\nnot reflect the receipt of the sworn report as described in this\n\nsubsection.\n\nH. The court shall take testimony and examine the facts and\n\ncircumstances, including all of the records on file in the office of\n\nService Oklahoma relative to the offense committed and the driving\n\nrecord of the person, and determine from the facts, circumstances,\n\nand records whether or not the petitioner is entitled to driving\n\nprivileges or shall be subject to the order of denial, cancellation,\n\nsuspension or revocation issued by Service Oklahoma. In case the\n\ncourt finds that the order was not justified, the court may sustain\n\nthe appeal, vacate the order of Service Oklahoma and direct that\n\ndriving privileges be restored to the petitioner, if otherwise\n\neligible.\n\nI. The testimony of any hearing pursuant to this section shall\n\nbe taken by the court stenographer and preserved for the purpose of\n\nappeal and, in case Service Oklahoma files notice of appeal from the\n\norder of the court as provided herein, the court shall order and\n\ndirect the court clerk to prepare and furnish a complete transcript\n\nof all pleadings and proceedings, together with a complete\n\ntranscript taken at the hearing at no cost to Service Oklahoma,\n\nexcept the cost of transcribing.\n\nJ. Upon Service Oklahoma's receipt of a petition challenging\n\nService Oklahoma's action against the driving privileges of any\n\nperson under this title, Service Oklahoma shall withhold taking the\n\naction which is the subject of the appeal or stay the order which is\n\nthe subject of the appeal. During the pendency of the appeal,\n\nService Oklahoma shall grant or restore driving privileges to the\n\nperson if the person is otherwise eligible.\n\nK. An appeal may be taken by the person or by Service Oklahoma\n\nfrom the order or judgment of the district court to the Supreme\n\nCourt of the State of Oklahoma as otherwise provided by law.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a3f885629ab4391abb6e8e9af35e88a9fca12db8c9ebd8a8c3e6015dfaccb4c3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-6-210","next":"us-ok/okla.-stat.-tit.-47-47-6-212"},"notice":"GroundRules: Original legal text. Not legal advice."}