In fact, Respondent has reason to believe and does believe that the making of false and unsubstantiated assertions of fact in a criminal complaint that a “transportation” offense has allegedly been committed by Respondent or any other similarly situated individual, while failing to assert within the body of the complaint and charging instrument(s) the necessary elements of both an actual “crime” and that the Accused was engaged in “transportation” at the time, and then proceeding to file that complaint and charging instrument in a court, is actually a crime of SIMULATING LEGAL PROCESS under §32.48, Penal Code.
The facts and law supporting Respondent’s assertions and allegations herein should be obvious to even the most basically educated layperson, much less to an actual attorney or judge. Respondent can be a “driver” or “operator” only if Respondent is actually engaging in the regulated subject matter activity of “transportation,” just as an automobile or other conveyance legally becomes a “device” that can then be defined as a “commercial/ motor/ vehicle/ motorcycle/ moped” only when being “used” by a “driver” or “operator” to engage in “transportation,” which s/he could only do while also acting as a “carrier” that is “operating” a business for “compensation or hire.”
In fact, Respondent has reason to believe and does believe that the making of false and unsubstantiated assertions of fact in a criminal complaint that a “transportation” offense has allegedly been committed by Respondent or any other similarly situated individual, while failing to assert within the body of the complaint and charging instrument(s) the necessary elements of both an actual “crime” and that the Accused was engaged in “transportation” at the time, and then proceeding to file that complaint and charging instrument in a court, is actually a crime of SIMULATING LEGAL PROCESS under §32.48, Penal Code.
The facts and law supporting Respondent’s assertions and allegations herein should be obvious to even the most basically educated layperson, much less to an actual attorney or judge. Respondent can be a “driver” or “operator” only if Respondent is actually engaging in the regulated subject matter activity of “transportation,” just as an automobile or other conveyance legally becomes a “device” that can then be defined as a “commercial/ motor/ vehicle/ motorcycle/ moped” only when being “used” by a “driver” or “operator” to engage in “transportation,” which s/he could only do while also acting as a “carrier” that is “operating” a business for “compensation or hire.”
from https://tao-of-law.com/2016/03/11/challenging-the-complaint-in-a-transportation-related-offense-failure-to-state-all-legal-elements-means-insufficient-substance-and-notice/