02/28/2007 at 03:00 PM EST
Paris Hilton may face a maximum sentence of 90 days in jail if it's found she violated probation Tuesday for driving with a suspended license.
"She's potentially in violation of probation; we are taking steps to verify this," L.A. city attorney spokesman Frank Mateljan tells PEOPLE.
Hilton, 26, was stopped at around 11 p.m. Tuesday on Sunset Blvd. for speeding and driving without her headlights on, according to L.A. sheriff spokesman Deputy Oscar Butao.
After pulling over her 2007 Bentley Continental GTC convertible, deputies found she was driving with a suspended license and cited her with the misdemeanor violation.
She was on her way home from buying DVDs at the Virgin Megastore
in West Hollywood, her rep, Elliot Mintz, told the Associated Press. Mintz said she wasn't aware that her headlights weren't on because she had just left a brightly lit parking structure.
"When she called me, she asked if her license was suspended," Mintz said. "If that's the case, she and I are unaware of it."
After the incident Hilton was picked up by a friend and her car was towed away.
"Ms. Hilton cannot and should not be driving at this time," Butao tells PEOPLE. "She can only be a passenger" until the license matter is resolved. She was not ticketed for speeding.
Her license was suspended on Nov. 30 for excessive blood-alcohol levels following her DUI arrest in September. (She pleaded guilty
on Jan. 22 to a lesser charge of alcohol-related reckless driving and was placed on 36 months probation.)
According to the California DMV, she is not eligible to regain her license until she shows proof of financial responsibility on March 31 and completes the other requirements ordered by the court.
Hilton's lawyer, Howard Weitzman, was not immediately available for comment.
Butao says Hilton was cooperative during this latest traffic stop, and that her car will be automatically impounded for one month.