Okla. Stat. tit. 47 § 6-107.2

Current through Laws 2024, c. 453.

Section 6-107.2 - Department to cancel or deny driving privileges pursuant to recommendation under Section 6-107.1 of this title - Petition for relief - Hearing - Modification or reinstatement of driving privileges

A. Service Oklahoma shall prepare and distribute a Notification form to be used by the courts, as provided in Section 6-107.1 of this title. In addition to any other authority to cancel or deny driving privileges, Service Oklahoma shall, upon receipt of such completed Notification form from a court, cancel or deny all driving privileges of the person named in the Notification form without hearing, for a period of time recommended by the court.

B. Any person whose driving privileges are canceled or denied pursuant to this section may file a petition for relief based upon error or hardship.

1. The petition shall be filed in the district court which notified Service Oklahoma pursuant to Section 6-107.1 of this title or, if the Notification originated in a municipal court, the petition shall be filed in the district court of the county in which the court is located. A copy of the Notification and a copy of Service Oklahoma's action canceling or denying driving privileges pursuant to this section shall be attached to the petition.

2. The district court shall conduct a hearing on the petition and may determine the matter de novo, without notice to the Department, and if applicable, without notice to the municipal court; provided, the district court shall not consider a collateral attack upon the merits of any conviction or determination which has become final.

3. The district court may deny the petition or, in its discretion, issue a written Order to Service Oklahoma to decrease the period of cancellation or denial to any period or issue a written Order to vacate Service Oklahoma's action taken pursuant to this section, in its entirety. The content of the Order shall not grant or purport to grant any driving privileges to the person; however, such Order may direct Service Oklahoma to do so if the person is otherwise eligible therefor. Unless all persons or agencies the court had reason to believe may have had relevant information related to the court record and departmental action have been given notice of the petition, attorney fees and costs shall not be awarded against any party. In no event shall Service Oklahoma be liable for attorney fees and costs for suspending, revoking, canceling or denying a driver license based upon reasonable reliance on a notice from a court requiring the revocation, suspension, cancellation or denial of the driver license according to law.

C. Upon receipt of a written Order from the appropriate court, Service Oklahoma shall modify or reinstate any driving privileges as provided in the Order.

Okla. Stat. tit. 47, § 6-107.2

Amended by Laws 2022 , c. 282, s. 48, eff. 5/19/2022.

Amended by Laws 2021 , c. 487, s. 2, eff. 11/1/2021.

Added by Laws 1988, SB 547, c. 237, § 2, eff. 11/1/1988; Amended by Laws 1989, SB 131, c. 314, § 2, eff. 11/1/1989; Amended by Laws 1994, SB 741, c. 387, § 2, eff. 7/1/1995.