I've taken this exact fight to the Texas Criminal Court of Appeals. I've taken the civil side, suing a judge, a prosecutor, and a bunch of cops to the 5th Circuit Court of Appeals. I know this fight extremely well.
Being commercial ready is not an indication of being engaged in Transportation. Just because you have a CDL, for example, doesn't mean your hauling freight in your automobile on your way home from the grocery store. Having a license plate, a current registration, insurance, and a DL has nothing to do with actually being engaged in Transportation at the time of a traffic stop.
When you are pulled over for a traffic violation, you are under arrest. When you sign the ticket, on a promise to appear, that authorizes the arresting officer to release you from arrest.
Virtually every police department in the country has the policy, no DL, no registration, no insurance, (the trifecta of denying that you're engaged in transportation) you go to jail. It is a stated policy in Austin, Texas and Texas DPS.
As for Court. It is NOT a 1 day thing, unless you're pleading guilty. You first make an initial appearance to enter a plea. That's day 1. Then, you'll have a motions hearing to discuss and have ruled on, any motions made. That's day 2. Then, you'll have an evidentiary hearing to discuss what evidence will be allowed at trial. That's day 3. Then, you'll have your day in court. That's day 4, possibly a day 5. Yes. If the cop doesn't show you will likely win automatically, but the judge can order a continuance if the prosecution can show cause why the officer can't be present. Most municipalities have a policy requiring cops to show up, and if you got the ticket outside the hours of 8-5, the issuing officer will likely be getting 4 hours overtime (because he's has a later shift) minimum to show up as an incentive. It is very unlikely you'll win this way. Then, you'll either have a trial de novo or an Appeals hearing to start the Appeals process. That's day 6. Then, at each step of the Appeals process, if you request oral arguments, there is a potential for added days.
At Court, if you argue any merits of the case, you will have conceded that you are engaged in transportation and that the transportation codes apply, otherwise why the hell are you arguing merits? If the code doesn't apply to you, why would you try to explain why you violated the code to begin with?
If you find yourself explaining anything to the judge, and not the jury, you've admitted guilt and are pulling the "throwing yourself on the mercy of the court" bullshit, and the judge can do whatever he wants, from a dismissal because you sucked his dick to his satisfaction to ordering the max $200 fine per offense.
And finally, driving or operating a motor vehicle on the highways and byways of this State is a privilege. However, being at the controls of and traveling in a conveyance on the public's roads is a right. The privilege is regulated by the transportation code. The right is not regulated. If you understand the difference between the regulated privilege and the unregulated right, and you are not exercising the privilege, but rather exercising your right, and you have the time, money, and resources, you can fight the ticket and you can win, as I explained. If you don't understand the difference, do like you said, suck the judges dick, hope the cop doesn't show, and maybe you'll get a reduced fine or have your case dismissed.
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