§ 47-6-206 — Authority of Department to suspend license or privilege.

Oklahoma § 47-6-206

• Jurisdiction: Oklahoma
• Title 47: Motor Vehicles

Text

A. Whenever any person is convicted or pleads guilty in any court having jurisdiction over offenses committed under Section 1- 101 et seq. of this title, or any other act or municipal ordinance or act or ordinance of another state regulating the operation of motor vehicles on highways, such court shall make immediate report to Service Oklahoma setting forth the name of the offender, the number of the driver license and the penalty imposed. Said report shall be submitted by the judge or the clerk of the court upon forms furnished or approved by Service Oklahoma. B. Service Oklahoma, upon receipt of said report or upon receipt of a report of a conviction in another state relating to the operation of a motor vehicle, may in its discretion suspend the driving privilege of such person for such period of time as in its judgment is justified, subject to the limitations provided in this title or any other act or municipal ordinance regulating the operation of motor vehicles on highways. Any action taken by Service Oklahoma shall be in addition to the penalty imposed by the court subject to the limitations outlined by statute. C. Service Oklahoma, upon receipt of a report of a conviction in another state relating to the operation of a motor vehicle, may in its discretion suspend the driving privilege of such person. Any action taken by Service Oklahoma shall not exceed the penalty imposed by a court or Service Oklahoma in the State of Oklahoma for a violation substantially similar to the conviction in the other jurisdiction which did not result in a revocation of Oklahoma driving privileges. D. Following receipt of a notice of any nonpayment of fine and costs for a moving traffic violation with a recommendation of suspension of driving privileges of a defendant from any court within this state, as provided for in Section 983 of Title 22 of the Oklahoma Statutes, Service Oklahoma shall suspend the driving privilege of the named person no earlier than one hundred eighty (180) days after giving notice as provided in Section 2-116 of this title. 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: 1. Making application to Service Oklahoma; 2. Showing proof of payment of the total amount of the fine and cost or a release from the court or court clerk; and 3. Submitting the processing and reinstatement fees, as provided for in Section 6-212 of this title. Provided, however, in cases of hardship, as determined by the court, or proof of enrollment in a federal or state government assistance program, including, but not limited to, Social Security or the Supplemental Nutrition Assistance Program, the person shall be placed on a payment plan by the court, and the court shall send a release to Service Oklahoma for reinstatement purposes. The court may submit another suspension request pursuant to this section if the person fails to honor the payment plan and it is found that the person is financially able but willfully refuses or neglects to honor the payment plan. In such case, Service Oklahoma shall again suspend the person's driving privilege for nonpayment of fine and costs for the same moving traffic violation. Upon reinstatement after suspension for nonpayment of fine and costs for a moving traffic violation Service Oklahoma may remove such record of suspension from the person's driving record and retain an internal record for audit purposes. A court within this state may order Service Oklahoma to waive any requirement that fines and costs be satisfied by a person prior to that person being eligible for a provisional license provided under Section 6-212 of this title. E. Upon the receipt of a record of conviction for eluding or attempting to elude a peace officer, Service Oklahoma shall suspend the driving privilege of the person: 1. For the first conviction as indicated on the driving record of the person, for a period of six (6) months; 2. For the second conviction as indicated on the driving record of the person, for a period of one (1) year. Such period shall not be modified; and 3. For the third or subsequent conviction as indicated on the driving record of the person, for a period of three (3) years. Such period shall not be modified. F. Any person whose driving privilege is so suspended under the provisions of this section shall have the right of appeal, as provided in Section 6-211 of this title.

Legislative History

Added by Laws 1961, p. 348, § 6-206, eff. Sept. 1, 1961. Amended by Laws 1984, c. 254, § 1, eff. Nov. 1, 1984; Laws 1988, c. 242, § 3, eff. Nov. 1, 1988; Laws 1990, c. 259, § 5, eff. Sept. 1, 1990; Laws 1991, c. 335, § 14, emerg. eff. June 15, 1991; Laws 1999, c. 291, § 1, emerg. eff. May 27, 1999; Laws 2003, c. 392, § 16, eff. July 1, 2003; Laws 2006, c. 311, § 20, emerg. eff. June 8, 2006; Laws 2016, c. 189, § 1, eff. Nov. 1, 2016; Laws 2021, c. 487, § 5, eff. Nov. 1, 2021; Laws 2022, c. 282, § 69, emerg. eff. May 19, 2022. NOTE: Laws 1990, c. 219, § 34 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.