§ 1115.5. Department of Public Safety--Power and duties relative to suspension of driving privi...
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: July 1, 2023
Effective: July 1, 2023
22 Okl.St.Ann. § 1115.5
§ 1115.5. Department of Public Safety--Power and duties relative 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,1 Service Oklahoma shall:
b. request suspension of the driving privilege of the person in the state which issued the license as provided by the Nonresident Violator Compact.2
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.
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.
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 If Service Oklahoma determines the suspension is unwarranted, the suspension action shall be withdrawn or vacated without the requirement of a processing fee and a reinstatement fee and Service Oklahoma shall accordingly notify the jurisdiction which requested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.
Credits
Laws 1986, c. 250, § 6, operative July 1, 1987; 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.
22 Okl. St. Ann. § 1115.5, OK ST T. 22 § 1115.5
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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