§ 310. Procedure upon arrest for traffic violation.

A.

In addition to other provisions of law for posting bail, any person, whether a resident of this state or a nonresident, who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or municipal traffic ordinance shall be released by the arresting officer upon personal recognizance if:

1.

The arrested person has been issued a valid license to operate a motor vehicle by Oklahoma, another state jurisdiction within the United States or any party jurisdiction of the Nonresident Violator Compact;

2.

The arresting officer is satisfied as to the identity of the arrested person;

3.

The arrested person signs a written promise to appear as provided for on the citation, unless the person is unconscious or injured and requires immediate medical treatment as determined by a treating physician; and

4.

The violation does not constitute:

a.

A felony;

b.

Negligent homicide;

c.

Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances, unless the person is unconscious or injured and requires immediate medical treatment as determined by a treating physician;

d.

Eluding or attempting to elude a law enforcement officer;

e.

Operating a motor vehicle without having been issued a valid driver's license, or while the driving privilege and driver's license is under suspension, revocation, denial or cancellation;

f.

An arrest based upon an outstanding warrant;

g.

A traffic violation coupled with any offense stated in subparagraphs "a" through "f" of this section;

h.

An overweight violation, or the violation of a special permit exceeding the authorized permit weight, or

i.

A violation relating to the transportation of hazardous materials.

B.

If the arrested person is eligible for release on personal recognizance as provided for in Subsection A of this section, then the arresting officer shall:

1.

Designate the traffic charge;

2.

Record information from the arrested person's driver's license on the citation form, including the name, address, date of birth, personal description, type of driver's license, driver's license number, issuing state and expiration date;

3.

Record the motor vehicle make, model and tag information;

4.

Record the arraignment date and time on the citation; and

5.

Permit the arrested person to sign a written promise to appear as provided for in the citation.

The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon a signed written promise to appear for arraignment is conditional and that failure to timely appear for arraignment shall result in the suspension of the arrested person's driving privilege and driver's license in Oklahoma, or in the nonresident's home state pursuant to the Nonresident Violator Compact.

(Ord. Nos. 17040, 19116)