A prior conviction for driving under fine suspension (s 49(2)(a)(iv) Road Traffic Act 1974 (WA)) does not count as a prior offence for the purpose of elevating a charge of driving under court-ordered suspension to a 'subsequent offence' under s 49(3)(a)(ii). Only prior convictions for offences committed in the circumstances in s 49(2)(a)(i), (ii) or (iii), or (2)(b) are relevant to the first/subsequent offence distinction in s 49(3)(a).
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