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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 116751
Experience:  Attorney with over 24 years of law and traffic law
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I had a driver on suspended license ticket back in 2006 that

Customer Question

I had a driver on suspended license ticket back in 2006 that i found guilty of in absentia. I completed the sentence given that case and was still making payments for fines. I went to a lawyer to see if i could get the conviction pleaded down and the fine reduced. The lawyer assured me he could negotiate a lesser charge. When the appeal came upiIn common pleas court they convicted me again and added on 30 days home confinement because of a habitual offender status, The lawyer never told me that i might be facing jail time and losing my license. In hindsight i would have been better off just paying off the rest of the fine. Do i have any grounds to file a appeal to a higher court either by my lawyers incompetence or that the judge took into account prior convictions BEFORE 2006 when she make her rulling classifying me as a habitual offender?
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the lawyer failed to properly advise you, then you could potentially file an appeal based on "ineffective assistance of counsel" which is your claim that had you been properly advised you would not have pursued the matter in the courts. Habitual offender means the judge had to take into account prior convictions for traffic offenses, that is what a habitual offender would be. So your argument here is that you had ineffective assistance of counsel and you would not have appealed initially except on his advice and to do that you would need to engage a new local attorney.