When You Can Get a Conviction, the Court Clerk Sends That to the Department of Public Safety
Video Transcribed: Convictions on these offenses in Oklahoma result in an automatic loss of your driver’s license. I’m Tulsa Traffic Ticket Attorney, James Wirth. And we’re talking about the point system in Oklahoma with the Department of Public Safety. And we’ve talked about different various traffic infractions.
And when you can get a conviction, the court clerk sends that to the Department of Public Safety. It adds points to your license, which can cause increased insurance costs and the loss of your license if you get 10 points in five years, those have anywhere from one to two to three to four points on your license, but then there’s a list of offenses that aren’t any points at all.
Because if you get a conviction on those, it’s an automatic loss of your license, which if you have that, that you’re facing that citation, you’re going to want to talk to an attorney about those specifics because those offenses also usually have the possibility of jail time that you want to avoid, but we handle a lot of representation on people who want to mitigate, who want to avoid the consequences of a conviction or avoid a conviction at all.
But here are the offenses in the state of Oklahoma that are automatic loss of your driver’s license if you are convicted. So first off, manslaughter or negligent homicide, when it involves the operation of a vehicle. Get convicted for that, automatic loss of your driver’s license.
The second one, driving under the influence, DUI, or APC. APC is actual physical control of a vehicle while intoxicated. That doesn’t require you to drive the vehicle at all. But if you’re sitting in your vehicle and you’re intoxicated, have the keys, maybe in your pocket or in the ignition, that can be charged the same as DUI and a conviction on that, just like DUI also result in an automatic loss of your driving privileges for a period of time.
Next one, the felony committed through the use of a vehicle. So any felony, if a vehicle is used to commit it, loss of driver’s license, there’s a number of felonies that can fall into that. Next one, failure to stop and render aid in the event of a motor vehicle accident.
Now, we don’t have a duty under the law to render aid to somebody in an accident if we’re not involved in it whatsoever. But if you’re involved in a traffic accident, particularly if it’s your fault and you don’t render aid, then that could be charged, a conviction on that would be automatic result in your driving privileges.
Next, perjury. When you are testifying under oath in any kind of a hearing with the Department of Public Safety, conviction on that, loss of driving privileges. The next one might be a little shocking to some people. We see this one a lot more common than some of the other ones, possession distribution, trafficking of CDS while using a motor vehicle.
So whether it’s a misdemeanor or a felony, if you’ve got possession of CDS, and that means that any unlawful drugs, something along those lines, if you are charged with possession of that or a more serious offense is distribution trafficking, but even simple possession of it, if that possession involves the use of a motor vehicle, conviction on that court clerk supposed to report to the Department of Public Safety, you lose your driving privileges.
The next one, failure to pay for gas. If you steal gas for a vehicle, lose driving privileges if you’re convicted. Next one, don’t see this one virtually ever, but misdemeanor for a carrier, like a mail carrier. Whether UPS or USPS, whatever, if someone is as an occupation, transporting things and they abandon that property without notice to the owner, there’s a special statute for that. It’s a misdemeanor crime, convicted of that, automatic loss of your driving privileges.
I can honestly say I’ve never had anybody come to me being charged with that crime. It’s very rare. Next one, if a limo, somebody has a license to transport people with a limo. If they allow minors under the age of 21 in their vehicle, when they’re in possession of alcohol, the conviction of that, it’s a crime, potential jail time, also loss of driving privileges. Next one, failure to obey a traffic control device, that stop sign, green light, red light, a traffic control device that results in great bodily injury, convicted on that, loss of driving privileges.
The next one, failure to stop, remains stopped for a school bus loading or unloading children. Now this one prior to 2011, it used to be points on your license, it used to be four points on your license if you were convicted of that. But with Erin’s law went into effect, it changed it to be an automatic loss, so it went from four points to a straight automatic loss of driving privileges.
The next one, eluding. If you’re alluding to police, get convicted of that, automatic loss of driving privileges. Next one, reckless driving. This one was added to the list as part of Erin’s law in 2011. So it used to be four points off your license. Then it was added to automatic revocation in 2011.
However, that was repealed and changed back again in 2013. So that is no longer an automatic loss of driving privileges. You see it reported online if you’re looking at some various resources as still being, but they’re not up to date on that. And the current law based on the 2013 version is it is not an automatic loss of your driving privileges, but it is still four points on your license.
So those are all of the offenses that result in a conviction that automatically result in loss of driving privileges. If you’re dealing with any of those or other allegations, you’re going to want to talk to an attorney about your specifics. To get that scheduled with somebody in my office you can go online to makelaweasy.com.