The defendant should have been prosecuted under Transportation Code §543.009(b) [1] - (failure to appear for a traffic ticket) instead of PC §38.10(a) [2] - (failure to appear). The two statutes are in pari materia and the defendant should have been prosecuted under the Transportation Code because it more specifically proscribes the defendant's conduct. Additionally, due process and due course of law require prosecution under the Transportation Code because it carries a lesser punishment than the Penal Code. Azziz v. State, PD-010-07 [3].