§ 22-1115.5 — Department of Public Safety - Power and duties relative

Oklahoma § 22-1115.5

• Jurisdiction: Oklahoma
• Title 22: Criminal Procedure

Text

to suspension of driving privilege. A. 1. Following receipt of notification and a request for driving privilege suspension from a municipal or district court clerk as provided for in Section 1115.1 of this title or Section 1 of this act, Service Oklahoma shall: a. suspend the privilege of the person to operate a motor vehicle in this state; or b. request suspension of the driving privilege of the person in the state which issued the license as provided by the Nonresident Violator Compact. A person whose license is subject to suspension pursuant to this section may avoid the effective date of the suspension or, if suspended, shall be eligible for reinstatement, if otherwise eligible, upon meeting the requirements of subsection C of this section. 2. Service Oklahoma may decline to initiate such suspension action if the request is discovered to be improper or questionable. 3. Service Oklahoma shall not be required to issue more than one suspension of the driving privilege of a person in the event multiple requests for suspensions are received from a court clerk based upon the failure of the person to appear at a particular time and date on multiple charges. B. Following receipt of a request from another jurisdiction for the suspension of the driving privilege of an Oklahoma resident as provided by the Nonresident Violator Compact, Service Oklahoma, if the request appears to be valid, shall initiate suspension of the privilege of the person to operate a motor vehicle in this state. If suspended, such suspension shall remain in effect until the person meets the requirements of subsection C of this section. C. 1. A person whose license is subject to suspension in this state pursuant to the provisions of this section may avoid the effective date of suspension, or if suspended in this state, shall be eligible for reinstatement, if otherwise eligible, upon: a. making application therefore to Service Oklahoma, and b. showing proof from the court or court clerk that the person has entered an appearance in the case which was the basis for the suspension action and was released by the court as provided for by the Nonresident Violator Compact or consistent provisions, and c. submitting with the application the fees, as provided for in Section 6-212 of Title 47 of the Oklahoma Statutes. The fees shall be remitted to the State Treasurer to be credited to the General Revenue Fund of the State Treasury; 2. Upon reinstatement, Service Oklahoma may remove any record of the suspension and reinstatement as provided for in this section from the file of the individual licensee and maintain an internal record of the suspension and reinstatement for fiscal and other purposes. D. Any person whose driving privilege is suspended or subject to suspension in this state pursuant to the provisions of this section, at any time, may informally present specific reasons or documentation to Service Oklahoma to show that such suspension may be unwarranted. Service Oklahoma may stay the suspension or suspension action pending receipt of further information or documentation from the person or from the jurisdiction requesting such suspension, or pending review of the record, or other inquiry. If Service Oklahoma determines the suspension is unwarranted, the suspension action shall be withdrawn or vacated without the requirement of a processing fee and a reinstatement fee and Service Oklahoma shall accordingly notify the jurisdiction which requested the suspension. If, however, the request for suspension appears valid, Service Oklahoma shall proceed with suspension of the driving privilege of the person and the person shall have the right to appeal as provided for by Section 6-211 of Title 47 of the Oklahoma Statutes. Provided, however, the court shall not consider modification, but shall either sustain or vacate the order of suspension of Service Oklahoma based upon the records on file with Service Oklahoma, the law and other relevant evidence.

Legislative History

Added by Laws 1986, c. 250, § 6, operative July 1, 1987. Amended by Laws 1987, c. 205, § 66, operative July 1, 1987; Laws 1994, c. 218, § 11, eff. April 1, 1995; Laws 2003, c. 392, § 1, eff. July 1, 2003; Laws 2009, c. 84, § 3, eff. Nov. 1, 2009; Laws 2023, c. 310, § 8, eff. July 1, 2023.