Oklahoma Traffic Safety Laws, Statutes and Potential Defenses

Oklahoma:

This page provides specific information about traffic law in Oklahoma that we hope you’ll find useful in fighting your ticket. Much of the information is linked to original source documents, where possible. All links are set to open in this window or tab. If you’d like a new window or tab, choose that from the options in your browser, usually accessible by right clicking the link in question. You may also wish to bookmark this page for future reference.

General Information:

Common Traffic Charges:

Nearly all traffic charges filed in the State of Oklahoma originate from alleged violations of Title 47, Chapter 11 of the Oklahoma Statutes. If you do not see a link to your specific violation, you may wish to review the contents of Chapter 11 for further details, or refer to the statute cited on the Summons, Information or Indictment. Note that Summons or Informations which fail to cite a specific violation of the law can usually be dismissed.

Possible Statutory Defenses:

Defective Summons/Information: Alleged Speed Not Indicated on Citation (47 O.S. §11-807)

A. In every charge of violation of any speed regulation in this article, the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location.

Appeals:

Unlike most states, Oklahoma has two Courts of Last Resort: The Supreme Court and The Court of Criminal Appeals. In general, The Supreme Court takes in filings of all civil appeals (and assigns most of them to the Court of Civil Appeals, where they are heard and decided and can be appealed for a hearing before the Supreme Court if desired by the parties, though this is not always granted), while the Criminal Court of Appeals handles, well, the appeals of those convicted of committing a crime. Below is a chart that provides a general road map of where cases go in the Oklahoma system.

Most appeals of traffic tickets will be taken to The Oklahoma Court of Criminal Appeals, because Oklahoma does not yet have decriminalized traffic statutes as most states do. This is important, because in many respects, your rights are preserved to a greater degree under the Oklahoma system. You enjoy a full right to appeal and in many cases, other rights as well.

If you plan to appeal your traffic ticket conviction, it will cost you some money. Filing the appeal with the appellate court currently costs $50.00 (20 O.S. §38) and each district court charges a (usually, much higher fee) for designating the record. If you cannot afford these fees, you can apply to proceed Forma Pauperis, which is to say, you ask the Court to waive the fee(s). This is done by submitting with the filing an Affidavit in Forma Pauperis.

You have ten (10) days from the date of conviction to make your appeal. ( ) The appeals process is started by filing a Notice of Intent to Appeal and Designation of Record with the trial Court.

Note that if you file a Motion for New Trial with the trial Court (usually a good idea, though not mandatory pursuant to 22 O.S. §1054.1), the clock does not start on the 10 days until after the trial Court denies the Motion for New Trial. (See Steffey v. State 1996 OK CR 17, 916 P.2d 263). Additionally, you cannot file your appeal until after the trial Court rules on the Motion for New Trial.

Useful Caselaw:

“[W]here a statute is plain and unambiguous, it will not be subject to judicial construction, but will be given the effect its language dictates.”

Blitz U.S.A., Inc. v. Okla. Tax Comm’n, 75 P.3d 883, 888 (Okla. 2003).

“The fact that a motor vehicle collision occurred does not necessarily raise the presumption that the defendant was following too closely, driving too fast to bring the car to a stop, or driving too fast for highway conditions.”

Athey v. Bingham 1991 OK 82, 823 P.2d 347, citing Green v. Thompson, 344 P.2d 272, 274. (Okla. 1959)

Errata:

It is vitally important that this information be accurate to fullest extent possible. While this information may have been accurate when printed, it may become outdated because the practice of law is a constantly in the process of being refined and updated. If you notice a factual misstatement on this page, please bring it to the attention of the webmaster by sending an e-mail to errata@sitciot.com. Please include citations to the cases, statutes or other documents that contain the correct information and be specific about which information is inaccurate. You may also point out grammatical and style errors at this address.

Disclaimer:

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