§ 22-1114.3 — Traffic citation - Delivery of complaint information

Oklahoma § 22-1114.3

• Jurisdiction: Oklahoma
• Title 22: Criminal Procedure

Text

and abstract of court record - Citation as information. A. Upon issuing a traffic citation required to be filed in district court, the arresting officer or the law enforcement agency employing the arresting officer shall deliver or forward the “Complaint Information” and “Abstract of Court Record” parts of the citation, in electronic or written format: 1. To the district court clerk without the endorsement of the district attorney or an assistant district attorney. It shall be the duty of the district court clerk to deliver the “Complaint Information” to the district attorney who shall endorse or decline and file the “Complaint Information” with the district court clerk; or 2. If the officer has issued a citation which could result in the district attorney filing an information, to the district attorney who shall endorse or decline and file both parts of the citation with the district court clerk. B. Upon receipt of a traffic citation by the district court clerk, the district court clerk shall deliver the original “Complaint Information” to the district attorney. The district court clerk’s office shall maintain the “Abstract of Court Record” part of the citation until the final disposition of the case. C. After final disposition of the case by the district attorney, including a case which is declined, the district court clerk shall clearly mark the “Abstract of Court Record” part of the citation with the disposition information of the case and forward the “Abstract of Court Record” to the Department of Public Safety, as provided in Section 18-101 of Title 47 of the Oklahoma Statutes. The “Abstract of Court Record” copy of the citation shall not be obscured by any official stamp of the district court or the district court clerk’s office. D. Forwarding of the “Abstract of Court Record” copy of a citation by electronic means to the Department of Public Safety shall be in a manner and format as approved by the Department, and shall include the information required by Section 18-101 of Title 47 of the Oklahoma Statutes. E. A traffic citation that is certified by the arresting officer, the complainant, the district attorney, or the assistant district attorney shall constitute an information against the person arrested and served with the traffic citation. F. For purposes of this section, “endorsement by the district attorney” and “filing with the court clerk” may be accomplished by electronic means using any method approved for electronic filing in the courts of this state. Both the “Complaint Information” and “Abstract of Court Record” parts of the citation may be forwarded to, and provided by, the district court clerk in an electronic form. Neither a paper copy of the citation, nor an original “wet ink” endorsement or signature shall be required from any party when using an approved electronic method.

Legislative History

Added by Laws 1968, c. 185, § 3, eff. Jan. 13, 1969. Amended by Laws 1968, c. 383, § 4, eff. Jan. 13, 1969; Laws 1969, c. 276, § 2, emerg. eff. April 25, 1969; Laws 1991, c. 238, § 35, eff. July 1, 1991; Laws 2000, c. 159, § 3, emerg. eff. April 28, 2000; Laws 2006, c. 204, § 1, eff. Nov. 1, 2006; Laws 2012, c. 278, § 4, eff. Nov. 1, 2012.