Traffic Violations in Oklahoma
Oklahoma traffic violations, accidents, injuries, and fatalities are often the product of a driver's deliberate or unintentional disregard of Oklahoma traffic laws that regulate road safety and usage. Any motorist or other road user (cyclist, pedestrian, motorcyclist) who fails to follow these rules commits a traffic violation or offense.
Oklahoma traffic violations can be civil or criminal. When the violation is civil, it is regarded as an infraction or a low-level offense - one where the accused's liability only extends to the payment of fines, community service, driver education programs, and other non-incarceration sentences approved by law or the court. Records of these offenses are typically documented in the offender's Oklahoma traffic records.
Meanwhile, a criminal traffic violation in Oklahoma is a severe offense classified as a misdemeanor or felony. Unlike civil infractions, criminal traffic violations usually have an element of bodily injury, property damage, death, or the threat of it. For these crimes, though the road user may be subject to some penalties assessed for minor traffic offenses, albeit augmented, the loss of one's freedom is entirely possible.
Several times Oklahoma drivers will be pulled over and ticketed for traffic violations. Other times, the ticket will be mailed to the offender; this is more common with red light tickets and parking tickets that were not attached to a person's vehicle. However, when the traffic offense is severe (for instance, an offense of driving while impaired by alcohol or drugs), the driver will be taken into custody immediately.
Regardless of how a road user learns of a traffic violation in Oklahoma, the individual will have to address the matter in a local court or parking agency if the traffic ticket arose from a parking violation.
Types of Traffic Violations in Oklahoma
The Oklahoma Department of Licensing (DOL) categorizes traffic violations by the vehicle's state as when caught. This connotes the state of the car when the driver was accused of the offense; thus, moving and non-moving violations. This system of categorizing the traffic violations includes all kinds of traffic violations exhibited by all road users in Oklahoma.
The Department of Licensing also categorizes traffic violations according to the gravity of the offense. When categorized by the gravity of the offense, a traffic violation may either be a crime or a civil offense. Hence, Oklahoma drivers may not be charged only for a moving or non-moving traffic violation but will likely also be charged with a crime or civil traffic violation.
Moving traffic violations in Oklahoma are:
- Over Speeding
- Drunk driving
- Hit and run
- Reckless driving
- Failure to use a turn signal
- Eluding a police vehicle
- Running a red light
Non-moving traffic is a type of traffic violation. This kind of traffic violation occurs when the vehicle is moving. Examples of non-moving traffic violations are:
- Inattentive driving
- Driving while talking on a cell phone
- Driving without a seat belt
- Parking in a no-parking zone
- Driving with an expired registration tag
- No registration, insurance, or license
- Faulty equipment:
- Broken headlights or taillights
- Defective brake or accelerator pedals, tires, and airbags
- Bad windshield wipers
- Improper muffler
- No light on the license plate
The differences between non-moving traffic violations and moving violations are established by the Department of Licensing and Oklahoma courts.
The court imposes more serious and drastic sanctions on moving traffic violations than non-moving. This is due to the risk of life and a lifetime body injury with a moving vehicle. Meanwhile, in a non-moving vehicle, the risk and injury are minimal.
Oklahoma Traffic Violation Code.
The Oklahoma traffic violation code outlines the rules of road use in Oklahoma. The document contains the driving rules and laws in Oklahoma. This includes the statutes on common traffic violations, vehicle code, drinking while driving violations (persons under the influence of toxic substances and alcohol). The document made provisions for different traffic violations and penalties attached to them.
Oklahoma Felony Traffic Violations
Most traffic violations recognized by the Oklahoma Vehicle Code are often parking violations, infractions, or misdemeanors. However, some traffic misdemeanors can be amped to felonies if aggravating factors exist. For example:
- Death
- Property damage
- Multiple prior convictions
- Willful disregard for other road users' safety
- Fleeing from the scene of an accident
- Permanent bodily disfigurement
Felony traffic violations in Oklahoma usually carry harsher prison sentences (often more than a year) and steeper fines than their misdemeanor counterparts. Examples of such violations include:
- Felony Hit and Run
- Felony Evading a Police Officer
- Felony Driving Under the Influence (Fourth DUI offense within 10 years)
- Felony Drag Racing or Road Racing
When a traffic offense can be prosecuted as a felony or misdemeanor, the Oklahoma courts refer to it as a wobbler. Under the law, wobblers are presumptively felonies unless reduced to misdemeanors by the court or prosecutor. In this sense, some Oklahoma felony traffic violations qualify as wobbler offenses. For instance, a Felony Hit and Run may be wobbled or reduced to a misdemeanor if the related accident caused property damage but no fatalities.
Oklahoma Traffic Misdemeanors
Oklahoma traffic misdemeanors are offenses whose legal penalties include a jail sentence that is usually not more than a year. Anyone who incurs jail time for such an offense will spend it in a city or county jail. Examples of traffic misdemeanors in the state include:
- Misdemeanor Hit and Run
- Misdemeanor Evading a Police Officer
- Misdemeanor Driving Under the Influence (First, second, or third DUI offense within 10 years)
- Misdemeanor Drag Racing or Road Racing
- Reckless Driving
- Driving Without a License
- Illegal Use of Handicap Parking Placard
- Driving on a Suspended or Revoked License
- Failure to Appear in Court
- Driving Across A Divided Highway
- Overweight Vehicle Violations
Oklahoma Traffic Infractions
The Oklahoma Department of Public Safety (DPS) refers to traffic infractions as non-criminal offenses for which traffic tickets may be issued. A traffic ticket is a legal document. Oklahoma's officials can issue citations or tickets when a driver violates a rule or ordinance. When a driver receives a ticket, they are expected to take action. In some instances, this means paying a traffic violation fine or contesting the ticket in court.
Traffic tickets can be issued for infractions including:
- Not having proof of insurance
- Running a stop sign
- Failure to use a turn signal
- Expired tag or license
- Parking in an unauthorized spot
- Misdemeanor and felony traffic violations are criminal charges.
Minor traffic infractions usually involve penalties, including fees and fines. In some cases, offenders can reduce the number of fines owed by taking steps to correct the violation.
In Oklahoma, each violation has a point value. Collecting too many points over a period can lead to even more penalties, including suspension of driving privileges.
The Oklahoma Department of Public Safety keeps track of points accrued on the driving record of motorists within state limits.
How to Pay a Traffic Violation Ticket in Oklahoma
Law enforcement agencies in Oklahoma issue three major types of traffic violation tickets; parking tickets, infraction tickets, and misdemeanor tickets. Each ticket has specific methods by which it should be paid. Paying a traffic ticket fine in Oklahoma is also known as forfeiting bail.
Parking tickets: In Oklahoma, drivers who violate parking regulations may receive parking tickets. Any fine assessed for a parking violation is payable to the parking enforcement division or agency with jurisdiction over the violation, not the courts. The parking agency may post guidelines for resolving tickets on its website.
Ultimately, it is advisable to pay parking tickets before the due date, as there are late fees and penalties. Also, failing to pay such tickets can prevent motorists from renewing their car registration.
Infraction tickets: Unlike parking tickets, infraction tickets are handled by the courts. Hence, an individual cited for a traffic infraction must pay the ticket to the court. The appropriate court will be listed on the ticket and the deadline to pay.
Generally, before an infraction ticket can be paid, it must be processed by the court. Processing refers to the time taken for a ticket to be available on the court's online ticket payment system. Once a ticket is processed, the cited party has a few ways to pay, including in person at the courthouse, by mail, by phone, or online. Usually, the payment instructions, locations, and options (cash, credit card, money order, etc.) will be published on the court's traffic website.
- Fix-it (or correctable violations) tickets: Sometimes, a motorist may be issued a fix-it ticket because of a vehicle, insurance, license, or equipment violation. While the violation itself is classified as an infraction, the party may not need to pay for the ticket, only show evidence to the court that the issue has been fixed. When a proof/certificate of correction is required, the motorist may still have to pay a dismissal fee to close the case. The procedure for resolving fix-it tickets and obtaining a certificate of correction can be found on the state judiciary's site.
The following should be noted when attempting to pay an infraction ticket in Oklahoma:
- The court may mail a courtesy notice to the motorist when the traffic ticket has been processed. The court's processing times vary but will generally take at least two weeks from the ticket date. If no notice has been received, the individual may use an online tool on the court's website or call the court to obtain that information.
- Cited parties can use the state judiciary's Find Your Court tool to retrieve the traffic court's contact information, website, and physical address.
- Ticketed individuals experiencing financial hardships can ask the court for a fine reduction, community service instead of payment, a payment plan, or an extension. This request can be made through the online MyCitations system or by mailing/hand-delivering Form TR-320 to the court listed on the ticket.
Misdemeanor tickets: Unlike parking and infraction tickets which can be resolved by paying the appropriate fines, traffic misdemeanor tickets issued in Oklahoma require a mandatory court appearance.
When stopped for a traffic misdemeanor, the officer may ask the motorist to sign the ticket unless the offense warrants an immediate arrest due to the presence of alcohol, drugs, or other factors. Signing a traffic ticket (or Notice to Appear) is a promise to appear in court. As such, the motorist must attend court for an arraignment on the date written on the ticket or risk the fallout (driver's license suspension, the issuance of an arrest warrant, etc.). More information on the ensuing court process can be gleaned from the How Criminal Cases Work webpage.
It should be noted that a misdemeanor ticket does not exempt an individual from paying fines, only that a finding of guilt is required first.
Traffic Violation Lookup in Oklahoma
Motorists ticketed in Oklahoma can look up traffic violation cases and tickets online. All superior courts maintain online systems on their websites for these purposes.
For easy access, the Oklahoma judiciary publishes an online directory, which the public can use to find a court's traffic case information or payment portal. Rather than inputting the name of a city or a zipcode into the directory's search box, users can click "View All Courts," scroll to the applicable county, and then click "Traffic". However, if this action does not open the court's portal directly, the interested party can browse the landing page to find a "pay traffic fines" or "lookup traffic tickets" link. Alternatively, the party can look for the portal under the Case, Traffic, or Online Services tab on the relevant court's website menu.
After accessing the lookup tool, the user can search for a traffic violation with a citation number, case/docket number, last name, date of birth, or driver's license number.
How to Plead not Guilty to a Traffic Violation in Oklahoma
Any road user cited for a traffic violation in Oklahoma has the right to contest the charge and request a trial if innocent. This is known as pleading "not guilty".
- How to Plead Not Guilty to a Traffic Infraction
When intending to plead "not guilty" to an infraction in Oklahoma, an individual can either appear in court on the date listed on their ticket or courtesy notice or contact the court in advance to schedule an arraignment. The individual can enter a "not guilty" plea at the arraignment and request a trial date. This trial can be scheduled for another day upon the party's request, but it will be held without a jury.
Alternatively, the defendant can request a "trial by written declaration" to present their case and provide evidence in writing without physically appearing before a judge. This request can be made at the clerk's office or via mail. However, a person only qualifies for a trial by written declaration when:
- Cited for a traffic infraction that does not require a court appearance, and
- The due date for the ticket has not expired.
One requirement for such a trial is that the requester must deposit a bail amount (the violation's fine penalty) for the benefit of not appearing in person. If found innocent after the trial, the court will refund the paid sum.
The third option for ticketed individuals who believe they are not guilty of a traffic infraction is to skip the arraignment and schedule a trial. This request can be made at the court on the traffic ticket's due date or by contacting the clerk's office in advance. Like a trial by written declaration, the interested party must deposit the traffic bail amount together with their request. This amount will be returned if the court acquits the party.
- Pleading Not Guilty to a Traffic Misdemeanor or Felony
An individual who wants to enter a "not guilty" plea for a traffic misdemeanor or felony can do so at their mandatory arraignment.
What Happens if You Plead No Contest to a Traffic Violation in Oklahoma?
When a motorist is charged with a criminal traffic offense in Oklahoma, they have the choice of pleading guilty, not guilty because of insanity, or no-contest, otherwise known as "nolo-contendere" which will be in the court's record.
Pleading no contest ("nolo contendere") to a traffic violation in Oklahoma holds the same legal effect as pleading guilty.
The no-contest plea is that the accused person did not acknowledge guilt in the alleged offense. Though, acknowledge that the evidence is true.
Unfortunately, a no-contest plea doesn't mean the court will vindicate the accused and find them not guilty even when good excuses are presented. Vindication only occurs in the very rare case that the field paperwork has an error.
An individual who pleads no contest to a traffic violation may be sentenced immediately with the same penalties assessed for a guilty plea. In some cases, especially when it involves lengthy incarceration, sentencing may be fixed for a later date.
How Long Do Traffic Violations Stay on Your Record?
An Oklahoma traffic conviction often leads to fines and fees. However, most violations can also lead to points assessment by the Department of Public Safety(DPS). The Department of Public Safety makes use of these points to find reckless drivers and takes the necessary action when a driver has too many points.
The presence of this violation often affects a person's auto insurance rates as insurance companies will regard the offending driver as high-risk.
However, there is a specific duration within which traffic violations can stay for in a person's driving record:
- A speeding ticket will typically stay on the driver's record for three to five years in Oklahoma
- Oklahoma traffic tickets of one to four points will stay for 12 months or three years.
- When there is no added citation leading to points within 12 months, two points will be subtracted from the driver's driving record.
Other reporting periods can be found on the Oklahoma DMV's Retention of Driver Record Information page.
Yes. If certain requirements are met, some traffic misdemeanors and felonies can be expunged under the Oklahoma Vehicle Code, Section 1203.4. Traffic infractions are not among the eligible violations. The public can find information on the state's expungement process on the judiciary's Clean Your Record webpage.
Note, however, that traffic violations create criminal and driving records. These records are vastly different and are managed by separate state agencies (the courts and the Department of Motor Vehicles). Hence, while an expungement may erase a traffic offense from one's criminal record, it will not affect any violation or demerit point reported on the individual's driving record.
What Happens if You Miss a Court Date for a Traffic Violation in Oklahoma?
Offenders who do not appear for their court date for a traffic violation in Oklahoma are guilty of non-appearance. The possible consequences include:
- The court can impose an infraction or misdemeanor charge on the offender.
- The judge will issue a bench warrant for the arrest of the individual.
- The court may approve a warrant for the individual's arrest.
- The court may add a civil assessment of up to $300 to the fine penalty.
- The Oklahoma Department of public safety(DPS) may suspend the offender's driving license and driving privileges.
- The non-appearance case may be transferred to the court's collections division or the collection agency of the state.
- The non-appearance will appear on the offender's driving record for 12months to 3 years.