
Quoting
Redbeard
kshotter,
File a motion to dismiss for lack of subject matter jurisdiction for their lack of holding an administrative hearing. The state has not exhausted all administrative remedies and by trying to drag you into a judicial court they are bypassing their own rules.
Besides, here's a little tip on that highland park police officer. He gets his authority to operate and "regulate traffic" from the Department of Public Safety. The Department of Public Safety is an Agency according to Chapter 2001 of our state government code, meaning they are required to follow the Administrative Procedure Act (APA). Also, if you read Tx. Adm. Code Title 37, Part 1, Chapter 29, Rules 29.1, 29.2, and 29.3 it shows that all contested cases over which the TxDPS has jurisdiction are subject to an administrative hearing, further proving that any traffic "tickets" are administrative in nature.
Then if you read Texas Admin. Code Title 37, Part 1, Chapter 1, Subchapter A, Rule 1.2, the mission of the TxDPS is to SUPERVISE traffic on the rural highways AND to SUPERVISE and REGULATE COMMERCIAL and “FOR HIRE” traffic.
Rule 1.2 says that the authority to REGULATE is specifically limited to those engaged in COMMERCIAL ACTIVITIES upon the highways.
Pursuant Texas Admin. Code Title 37, Part 1, Chapter 1, Subchapter A, Rule 1.3, the ADMINISTRATIVE and REGULATORY functions of the TxDPS under Rule 1.3(b)(1) and (b)(2) includes DRIVER’S LICENSEs, VEHICLE INSPECTION and other “Traffic” law related authorities.
NOWHERE is the authority to regulate COMMERCIAL activities EVER expanded beyond its original scope and application to include the People and their NON-COMMERCIAL activities
THEREFORE, if you were not "driving" for a commercial activity, meaning you were just going from your house to the grocery store, or to work, or whatever, that ticket doesn't apply to you. In accordance with their own rules, they can ONLY regulate commercial traffic, meaning things like taxi drivers, limo drivers, truck drivers... stuff like that. If that's not you, then tell them to shove it.
Yes an attorney will cost less. That's your choice.
But I'd file for dismissal for lack of subject matter jurisdiction.
Learn the laws and learn that most of this stuff doesn't even apply to the normal common men and women. Don't believe me, look it up.