You should retain an attorney to assist you with this case. If this is your first DWI, your Texas license will not be suspended for the DWI as long as you take the DWI school and you are placed on community supervision or if you go to trial and you are found not guilty. Your license can be suspended for 180 days due to a refusal to take a breath or blood test or 90 days for a breath or blood test failure. If your license is suspended you should talk to an attorney about an occupational drivers...
The complaint in a speeding case does not have to include the make and model of the vehicle or race. If your case goes to trial, and the police officer uses the incorrect information from the ticket to testify the trier of fact, judge or jury, may use this incorrect evidence in determining your guilt or innocence. Sometimes the State attorney may dismiss a case based on incorrect information on a ticket, but the prosecutor does not have to do this. The issues that you have raised are usually...
The assistant district attorney's job is to prosecute the class C misdemeanor case for the State. Usually the prosecutor will negotiate with your attorney or you with regard to the punishment. In most courts the prosecutors are not always available unless the case is set on the court docket. If you can afford an attorney it would be advisable to retain one.
Your license might be suspended if you have 4 moving convictions in a 12 month period or 7 moving convictions in a 24 month period. The DPS would send you notice of the suspension to the address on your license. You should try to keep the new ticket off your record with either deferred disposition or defensive driving.
If your case is a City of Irving traffic ticket my firm can assist you without your appearance in court. I would request that the Court grant you deferred disposition in order to keep the ticket from becoming a conviction. It might not matter if you do not have a driver's license, but the deferred fees are similar to the fines. You also have a right to have a jury trial on this case. You would not be eligible for defensive driving if you do not have a Texas license.
You can get a divorce without your husband signing the waiver. You will have to serve him according to the law in order to give him notice of the lawsuit. If you do know where he is and have made a diligent search to locate him you can serve him by other means allowed in the law.
I would suggest talking to your own attorney or your husband's attorney. Attorneys practicing in El Paso will be able to give you the best advice about how to go about handling this matter. The criminal case belongs to the State and therefore it is up to the prosecutor whether or not the State will proceed with the case even if you have requested that the case be dismissed. Your testimony at trial in defense of your husband will probably assist him but may result in legal complications for you.
Common law marriage requires agreement of marriage, living together as husband and wife and holding yourself out to the public as husband and wife. The joint filing as married can be used as evidence in a common law divorce case.
It is my opinion that you can sign the affidavit stating that you have complied with the terms of the deferred disposition. Some Judges in Texas use the language that you cannot receive a ticket during the deferral period, but according to what you have written the Judge in your case used the term convictions. This is of course the fairer way to write these types of orders.