1. A. If a person arrested for a traffic violation is released upon personal recognizance as provided for in Section 2 of this act, but subsequently posts bail and thereafter fails to timely appear as provided for by law, the court may issue a warrant for the person's arrest and the case shall be processed as follows:

   1. 1. If for a state traffic violation, as provided for in Section 1108 of Title 22 of the Oklahoma Statutes; or
   2. 2. If for a violation filed in a municipal court not of record, as provided for in Section 27-118 of Title 11 of the Oklahoma Statutes; or
   3. 3. If for a violation filed in a municipal court of record, as provided for in Section 27-118 of Title 11 of the Oklahoma Statutes.
2. B. If the defendant is not eligible for release upon personal recognizance as provided for in Section 2 of this act, or if eligible but refuses to sign a written promise to appear, the officer shall deliver the person to an appropriate magistrate for arraignment and the magistrate shall proceed as otherwise provided for by law. If no magistrate is available, the defendant shall be placed in the custody of the appropriate municipal or county jailor or custodian, to be held until a magistrate is available or bail is posted as provided for in Section 4 of this act or as otherwise provided for by law or ordinance;

3. C.

   1. 1. If a resident or nonresident is arrested for any overweight violation, a violation of a special permit exceeding authorized permit weight, or a violation relating to the transportation of hazardous material, the arresting officer may release the defendant if:

      1. a. in case of a state violation, the defendant deposits with the arresting officer appropriate bail or payment of the fine and costs in an amount and in the form as provided for in Section 4 of this act, except currency, or
      2. b. in case of a municipal violation, then as may be provided by local authority;
   2. 2. In the event the defendant is additionally arrested for any violation for which personal recognizance is authorized pursuant to Section 2 of this act, the arresting officer, for such additional violation, may either release the defendant upon such recognizance or require bail as provided for in this subsection;
   3. 3. If the defendant is unable to post bail with the arresting officer, then the officer shall proceed as otherwise provided for in this section.

4. D.

   1. 1. Notwithstanding any other provision of law, a juvenile may be held in custody pursuant to the provisions of this section, but shall be incarcerated separately from any adult offender. Provided however, the arresting officer shall not be required to:

      1. a. place a juvenile into custody as provided for in this section, or

      2. b. place any other traffic offender into custody:

         1. (1) who is injured, disabled, or otherwise incapacitated, or
         2. (2) if custodial arrest may require impoundment of a vehicle containing livestock, perishable cargo, or items requiring special maintenance or care, or
         3. (3) if extraordinary circumstances exist, which, in the judgment of the arresting officer, custodial arrest should not be made. In such cases, the arresting officer may designate the date and time for arraignment on the citation and release the person. If the person fails to appear without good cause shown, the court may issue a warrant for the person's arrest.

   2. 2. The provisions of this subsection shall not be construed to:

      1. a. create any duty on the part of the officer to release a person from custody, or
      2. b. create any duty on the part of the officer to make any inquiry or investigation relating to any condition which may justify release under this subsection, or
      3. c. create any liability upon any officer, or the state or any political subdivision thereof, arising from the decision to release or not to release such person from custody pursuant to the provisions of this subsection.

Added by Laws 1986, HB 1945, c. 250, § 3, emerg. eff. July 1, 1987.