§ 47-6-206. Authority of department to suspend license or privilege.

A.  Whenever any person is convicted or pleads guilty in any court having jurisdiction over offenses committed under Section 1-101 et seq. of this title, or any other act or municipal ordinance or act or ordinance of another state regulating the operation of motor vehicles on highways, such court shall make immediate report to the Department of Public Safety setting forth the name of the offender, the number of the driver license and the penalty imposed.  Said report shall be submitted by the judge or the clerk of the court upon forms furnished or approved by the Department.

B.  The Department, upon receipt of said report or upon receipt of a report of a conviction in another state relating to the operation of a motor vehicle, may in its discretion suspend the driving privilege of such person for such period of time as in its judgment is justified from the records of such conviction together with the records and reports on file in the Department, subject to the limitations provided in Section 6-208 of this title.  Any action taken by the Department shall be in addition to the penalty imposed by the court.

C.  Following receipt of a notice of any nonpayment of fine and costs for a moving traffic violation with a recommendation of suspension of driving privileges of a defendant from any court within this state, as provided for in Section 983 of Title 22 of the Oklahoma Statutes, the Department shall suspend the driving privilege of the named person after giving notice as provided in Section 2-116 of this title.  A person whose license is subject to suspension pursuant to this section may avoid the effective date of the suspension or, if suspended, shall be eligible for reinstatement, if otherwise eligible, upon:

1.  Making application to the Department of Public Safety;

2.  Showing proof of payment of the total amount of the fine and cost or a release from the court or court clerk; and

3.  Submitting the processing and reinstatement fees, as provided for in Section 6-212 of this title.

Provided, however, in cases of extreme and unusual hardship, as determined by the court, the person shall be placed on a payment plan by the court, and the court shall send a release to the Department for reinstatement purposes.  The court may submit another suspension request pursuant to this section if the person fails to honor the payment plan.  In such case, the Department shall again suspend the person’s driving privilege for nonpayment of fine and costs for the same moving traffic violation.  Upon reinstatement after suspension for nonpayment of fine and costs for a moving traffic violation the Department may remove such record of suspension from the person's driving record and retain an internal record for audit purposes.

D.  Upon the receipt of a record of conviction for eluding or attempting to elude a peace officer, the Department of Public Safety shall suspend the driving privilege of the person:

1.  For the first conviction as indicated on the driving record of the person, for a period of six (6) months;

2.  For the second conviction as indicated on the driving record of the person, for a period of one (1) year.  Such period shall not be modified; and

3.  For the third or subsequent conviction as indicated on the driving record of the person, for a period of three (3) years.  Such period shall not be modified.

E.  Any person whose driving privilege is so suspended under the provisions of this section shall have the right of appeal, as provided in Section 6-211 of this title.

Added by Laws 1961, p. 348, § 6-206, eff. Sept. 1, 1961.  Amended by Laws 1984, c. 254, § 1, eff. Nov. 1, 1984; Laws 1988, c. 242, § 3, eff. Nov. 1, 1988; Laws 1990, c. 259, § 5, eff. Sept. 1, 1990; Laws 1991, c. 335, § 14, emerg. eff. June 15, 1991; Laws 1999, c. 291, § 1, emerg. eff. May 27, 1999; Laws 2003, c. 392, § 16, eff. July 1, 2003; Laws 2006, c. 311, § 20, emerg. eff. June 8, 2006.