My boyfriend was in a traffic accident in March and pled guilty to a DUI (marijuana not alcohol) in April. He got a suspended license and fined. Now he was caught driving with a suspended license. My question is what will his fine be and will he get jail time? It was his first offense with the suspension thing... and with the dui thing. He was driving in North Dakota. Do you think we need a lawyer? Thank you for your help.

Yes, I think you need a lawyer. Driving under suspension in most states carries mandatory jail time. In North Dakota, where you are from, driving under suspension is a class B misdemeanor for the first, second, or third offense within a five-year period. However, if the person's driving privileges were suspended or revoked for driving under the influence of alcohol or drugs, a jail sentence of at least four consecutive days must be imposed. The jail sentence cannot be suspended or deferred. In addition, the court may impose a fine, and in its discretion, order the license plates of the offender impounded for the duration of the suspension period. North Dakota law does not allow someone charged with driving under suspension to challenge the underlying suspension order for the first time in the new case. One of the few available affirmative defenses to the charge is driving under duress, but that requires the existence of conditions along the lines of "life-threatening forces of nature." It doesn't sound like this applies to your boyfriend's case. The consequences of driving under suspension in every state can be quite severe. I highly recommend you retain a criminal defense lawyer experienced in traffic matters in the county where the violation occurred to resolve this case. An attorney may be able to negotiate a plea to a lesser charge that does not involve mandatory jail time and won't result in the revocation of probation for the original DUI. A lawyer who regularly practices in that jurisdiction will be most familiar with the prosecutor's and judge's plea and sentencing policies. If the matter cannot be resolved to your boyfriend's satisfaction before trial, his attorney can represent him at trial, holding the state to its burden of proof of establishing each element of the offense beyond a reasonable doubt. Even in the event of a conviction, an attorney can be of great assistance with presenting mitigating information at sentencing.