The Court of Appeal found that the trial court improperly imposed 400 days in custody as a condition of probation, in excess of the statutory maximum of one year, for a conviction under Vehicle Code section 23153. The trial court further erred by imposing a higher probation revocation fine than the restitution fine, in violation of Penal Code section 1202.44. Finally, the Court of Appeal found that the trial court exceeded the maximum base fine allowed, under Vehicle Code section 23556, subdivision (a)(1), for a first-time offender of section 23153 who is placed on probation.
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