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Convicted DUI & on probation. License is suspended and got pulled over again driving with a suspended license.
You should definitely retain counsel to assist you with your upcoming court appearance. First, you're facing a misdemeanor driving on a suspended charge which, depending on the reason your license was suspended and how many suspended license convictions you have the past, could lead to significant jail time. For example, the first time you're convicted of driving on a suspended license because of a DUI conviction results in a mandatory 10 days jail. Second, you're also facing a probation violation since you've violated the law.
I agree with Mr. Thiagarajah. You not only face likely a mandatory jail sentence on the new charge, the likely result on your original charge may also result in jail time as well.
You are facing a complicated legal situation and you need to consult with local defense counsel who can properly advise you of your rights.
Your driving on a suspended license hets you a POSSIBLE 10 DAY MANDATORY MINIMUM jail plus fines if you are charged with vc 14601.2 plus ignition interlock and 30 day car impound, plus probation violation.
Fremont's answer covers all the bases. The amount of time is a wild card. The recentness of your DUI conviction and your driving record will likely play a part. You will definitely want a local DUI lawyer. If you have prior suspended license convictions, that may create additional problems in terms of sentencing. The courts where I practice are not usually very sympathetic but perhaps you have some mitigating circumstances to explain why you were behind the wheel of the car.
