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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
The driving offence is not a criminal offence and will not be looked at.
Are you able to tell me what the section and the act you are charged under?
Subsection 4 is the only excuse that you can use a defence
Is this your first such offence?
How many have you had in the past?
How long ago did the other convictions take place and what were the sentences?
The suspended sentence is an issue, and the court can overturn that decision and you may have to serve the balance of the suspended sentence.
Because it is a driving matter you may successfully argue that it continue as it is but I suspect you will be given one last warning and anything you do wrong from now on you will be told you will be going to jail.
Do not go to court on your own. You must make sure you have a solicitor represent you.
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