A. Any person denied driving privileges, or whose driving privilege has been canceled, denied, suspended or revoked by the Department, except where such cancellation, denial, suspension or revocation is mandatory, under the provisions of Section 6-205 of this title, shall have the right of appeal to the district court as hereinafter provided. Proceedings before the district court shall be exempt from the provisions of the Oklahoma Pleading and Discovery codes, except that the appeal shall be by petition, without responsive pleadings. The district court is hereby vested with original jurisdiction to hear said petition.

B. A person whose driving privilege is denied, canceled, revoked or suspended due to inability to meet standards prescribed by law, or due to an out-of-state conviction or violation, or due to an excessive point accumulation on the traffic record, or for an unlawful license issued, may appeal in the county in which the person resides.

C. Any person whose driving privilege is canceled, denied, suspended or revoked may appeal to the district court in the county in which the offense was committed upon which the Department based its order.

D. A person whose driving privilege is revoked or denied or who is denied a hearing pursuant to Section 753 or 754 of this title may appeal to the district court in the county in which the arrest occurred relating to the test refusal or test result, as shown by the records of the Department.

E. The petition shall be filed within thirty (30) days after the order has been served upon the person except a petition relating to an implied consent revocation shall be filed within thirty (30) days after the Department gives notice to the person that the revocation is sustained as provided in Section 754 of this title. It shall be the duty of the district court to enter an order setting the matter for hearing not less than fifteen (15) days and not more than thirty (30) days from the date the petition is filed. A certified copy of petition and order for hearing shall be served forthwith by the clerk of the court upon the Commissioner of Public Safety by certified mail at the Department of Public Safety, Oklahoma City, Oklahoma.

F. At a hearing on a revocation by the Department pursuant to the implied consent laws as provided in Section 47-6-205.1, 753 and 754 of this title, the court shall not consider the merits of the revocation action unless a written request for an administrative hearing was timely submitted to the Department and the person actually exercised the opportunity to appear as provided in Section 754 of this title and the Department entered an order sustaining the revocation.

G. Upon a hearing relating to a revocation pursuant to a conviction for an offense enumerated in Section 47-6-205 of this title, the court shall not consider the propriety or merits of the revocation action except to correct the identity of the person convicted as shown by records of the Department.

H. In the event the Department declines to modify a revocation order issued pursuant to Section 753, Section 754, paragraph 2 of subsection A of Section 47-6-205 or Section 47-6-205.1 of this title, a petition for modification may be included with the appeal or separately filed at any time and the district court may in its discretion modify the revocation as provided for in Section 755 of this title.

I. The court shall take testimony and examine the facts and circumstances, including all of the records on file in the office of the Department of Public Safety relative to the offense committed and the driving record of the person, and determine from the facts, circumstances and records whether or not the petitioner is entitled to driving privileges or shall be subject to the order of denial, cancellation, suspension or revocation issued by the Department. The court may also determine whether or not, from the person's previous driving record, the order was for a longer period of time than such facts and circumstances warranted. In case the court finds that the order was not justified, the court may sustain the appeal, vacate the order of the Department and direct that the driving privileges be restored to the petitioner, if otherwise eligible. The court may, in case it determines the order was justified, but that the period of the suspension or revocation was excessive, enter an order modifying the same as provided by law.

J. The testimony of any hearing pursuant to this section shall be taken by the court stenographer and preserved for the purpose of appeal and, in case the Department files notice of appeal from the order of the court as provided herein, the court shall order and direct the court clerk to prepare and furnish a complete transcript of all pleadings and proceedings, together with a complete transcript taken at said hearing at no cost to the Department, except the cost of transcribing.

K. In order to stay or supersede any order by the Department, the petitioner may execute and file a cash appeal bond in the sum of Two Hundred Fifty Dollars ($250.00) with the clerk of the court, to be approved by the court clerk. A certified copy of the bond endorsed with the approval of the court clerk shall be served along with the notice of hearing and petition.

The bond shall be to the State of Oklahoma and conditioned that the petitioner will prosecute the appeal with due diligence and during pendency of the appeal abide by and not violate any of the laws of this state or any other state in the operation of a motor vehicle, and that the petitioner will abide by and perform the final judgment of the court therein, and in case the appeal is finally denied the appellant will pay all court costs incurred in the appeal in the district court. If the petitioner is convicted of a traffic offense during the pendency of the appeal or fails to prosecute said appeal with due diligence, the bond may be forfeited to the court fund upon application by the Department and after hearing before the court in which his appeal is pending.

L. After filing and approval of the appeal bond and the furnishing thereof to the Department as hereby provided, the Department shall restore driving privileges to the person if otherwise eligible and the person shall be permitted to operate a motor vehicle pending the appeal, under terms and conditions as prescribed in the bond which shall include the installation of an ignition interlock device on every motor vehicle operated by the person, pursuant to Section 754.1 or 755 of this title, if the person was denied modification pursuant to any provision of paragraph 2 of subsection A of Section 6-205 or Section 6-205.1, 753 or 754 of this title; provided, however, if the order of the Department is sustained in final judgment, the court shall, in such final judgment, enter an order extending the period of suspension or revocation for such time as the petitioner was permitted to operate motor vehicles under the provisions of an appeal bonds, and the court shall also in such final judgment direct and require the immediate surrender of any driver license or licenses to the Department.

M. An appeal may be taken by the person or by the Department from the order or judgment of the district court to the Supreme Court of the State of Oklahoma as otherwise provided by law.

Historical Data

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Laws 1961, HB 556, p. 349, § 6-211, eff. September 1, 1961; Amended by Laws 1969, HB 1278, c. 88, § 1, emerg. eff. March 24, 1969; Amended by Laws 1988, SB 556, c. 242, § 5, eff. November 1, 1988; Amended by Laws 1990, HB 1989, c. 219, § 38, eff. January 1, 1991; Amended by Laws 1994, HB 2339, c. 243, § 5, eff. September 1, 1994; Amended by Laws 1997, SB 611, c. 420, § 3, emerg. eff. June 13, 1997 (superseded document available); Amended by Laws 1999, SB 335, c. 139, § 6-211, eff. November 1, 1999 (superseded document available); Amended by Laws 2000, 1st Extr. Sess., SB 3, c. 8, § 19, emerg. eff. July 1, 2000 (superseded document available).

Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
Oklahoma Court of Criminal Appeals Cases
	Cite	Name	Level
	1987 OK CR 115, 738 P.2d 188,	HUMPHREYS v. STATE	Discussed
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Level
	1987 OK CIV APP 8, 738 P.2d 958, 58 OBJ 473,	Hoss v. State ex rel. Dept. of Public Safety	Cited
	1998 OK CIV APP 3, 952 P.2d 55, 69 OBJ 289,	BELL v. STATE OF OKLAHOMA, ex rel.,	Cited
	1990 OK CIV APP 2, 788 P.2d 1389, 61 OBJ 964,	Abdoo v. State ex rel. Dept. of Public Safety	Discussed
	1992 OK CIV APP 51, 831 P.2d 3, 63 OBJ 1725,	Phillips v. State ex rel. Dept. of Public Safety	Cited
	1992 OK CIV APP 105, 837 P.2d 936, 63 OBJ 2950,	Porter v. State ex rel. Dept. of Public Safety	Cited
	1993 OK CIV APP 8, 882 P.2d 574, 65 OBJ 3364,	Morgan v. State ex rel. Dept. of Public Safety	Discussed
	1993 OK CIV APP 78, 858 P.2d 113, 64 OBJ 2614,	Thomas v. State ex rel. Dept. of Public Safety	Discussed
	1994 OK CIV APP 128, 887 P.2d 1377, 66 OBJ 57,	Manning v. State ex rel. Dept. of Public Safety	Cited
	2001 OK CIV APP 107, 32 P.3d 881, 72 OBJ 2759,	WALKER v. OKLAHOMA DEPT. OF HUMAN SERVICES	Cited
	2001 OK CIV APP 154, 37 P.3d 974, 73 OBJ 201,	DAVIS v. STATE ex. rel. DEPT. OF PUBLIC SAFETY	Discussed at Length
	1972 OK CIV APP 4, 501 P.2d 910,	APPLICATION OF KUNNEMAN	Discussed
	1997 OK CIV APP 82, 950 P.2d 881, 68 OBJ 4040,	Sipes v. Dept. of Public Safety	Discussed at Length
	1994 OK CIV APP 186, 872 P.2d 942, 65 OBJ 1366,	FAIRRES v. STATE EX REL. DEPT. OF P.S.	Cited
	1981 OK CIV APP 1, 623 P.2d 621,	Spencer v. State ex rel. Dept. of Public Safety	Discussed at Length
	1998 OK CIV APP 20, 955 P.2d 758,	CRAWFORD v. OKLAHOMA	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Level
	1990 OK 78, 795 P.2d 1048, 61 OBJ 2091,	Chase v. State ex rel. Dept. of Public Safety	Discussed
	2001 OK 27, 72 OBJ 1295,	IN THE MATTER OF AMENDING OKLAHOMA SUPREME COURT RULES 1.10, 1.20, 1.23, 1.28, 1.34, and 1.35	Discussed at Length
	1994 OK 62, 876 P.2d 667, 65 OBJ 1940,	Manning v. State ex rel. Dept. of Public Safety	Discussed at Length
	1997 OK 54,	In re Amendments to the Oklahoma Supreme Court Rules, and Rules on Administration of Courts	Cited
	1970 OK 163, 475 P.2d 147,	HELDENBRAND v. LESTER	Discussed
	1970 OK 212, 477 P.2d 71,	STATE EX REL. DEPT. OF PUBLIC SAFETY v. SAMPSON	Cited
	1972 OK 111, 499 P.2d 1384,	STATE, OKL. DEPT. OF PUB. SAFETY v. KOPCZYNSKI	Discussed at Length
	1972 OK 119, 501 P.2d 208,	IN RE METCALF	Cited
	1972 OK 153, 506 P.2d 1387,	LEWIS v. OKLAHOMA DEPARTMENT OF PUBLIC SAFETY	Discussed at Length
	1973 OK 20, 507 P.2d 1225,	PHARES v. DEPARTMENT OF PUBLIC SAFETY	Cited
	1973 OK 80, 512 P.2d 128,	OKLAHOMA DEPARTMENT OF PUBLIC SAFETY v. ROBINSON	Discussed
	1974 OK 83, 524 P.2d 5,	MOWDY v. STATE EX REL. DEPARTMENT OF PUBLIC SAFETY	Discussed at Length
	2002 OK 98,	IN RE AMENDMENT TO OKLAHOMA SUPREME COURT RULE 1.21	Discussed
	1996 OK 134, 937 P.2d 496, 68 OBJ 25,	Bryant v. Commissioner of Dept. of Public Safety	Cited
	1974 OK 95, 531 P.2d 1011,	APPLICATION OF BAGGETT	Discussed
	1975 OK 175, 544 P.2d 516,	KUYKENDALL v. DEPARTMENT OF PUBLIC SAFETY	Discussed at Length
	1976 OK 3, 544 P.2d 1261,	APPEAL OF TURNER	Discussed at Length
	1980 OK 44, 611 P.2d 235,	Braddy, Matter of	Discussed
	1976 OK 183, 557 P.2d 908,	PETERS v. OKLAHOMA DEP'T OF PUBLIC SAFETY	Cited
	1984 OK 21, 681 P.2d 750,	Appeal of Dungan	Cited
	1984 OK 30, 686 P.2d 282,	Cascio v. State ex rel. Dept. of Public Safety	Discussed
Title 22. Criminal Procedure
	Cite	Name	Level
	22 O.S. 1115.5,	Duties of the Department of Public Safety Regarding Driving Privilege Suspensions	Cited
Title 47. Motor Vehicles
	Cite	Name	Level
	47 O.S. 6-211,	Right of Appeal to Court - Driving Privileges	Cited

Citationizer: Table of Authority

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Cite	Name	Level
Title 47. Motor Vehicles
	Cite	Name	Level
	47 O.S. 6-211,	Right Of Appeal To Court.	Cited