Benjamin Carl Danswan, 44, of Junee appeared in Wagga Local Court on Wednesday after being charged under the Law Enforcement Powers and Responsibilities Act.

The police prosecutor alleged that Danswan knew or had reason to suspect who was driving his red Toyota HiLux utility between 2.05pm and 6.17pm at Junee on May 13.

Danswan's charge represents one of the few circumstances where a person in NSW can be prosecuted for not answering police questions.

According to a police statement, an unmarked police vehicle was travelling northbound on the Olympic Highway at Yathella about 2pm on May 13 when officers spotted the HiLux being driven erratically.

Officers saw the HiLux overtake several other vehicles and tailgate the police vehicle before accelerating to 150 kilometres per hour after turning at the Jail Brake Inn outside Junee.

Police attended the HiLux's registered Junee address and spoke with who they alleged was the likely driver, which was Danswan's son.

Danswan was away at the time, with his son stating he was attending the Mongols Outlaw Motorcycle Gang national run.

Police returned to the Junee address again on May 22 with an official form of demand requiring Danswan to identify who was driving his vehicle on the afternoon of May 13.

Danswan failed to comply, telling police "there's nothing to say" and "you know it's my car, there's nothing more to say".

In court on Wednesday, Danswan's solicitor said his client was sleep deprived when police presented him with the demand and he had decided to contact his lawyer for advice before answering.

"The only other person who has access to the vehicle is his son. That's who the police believe was driving," the solicitor said.

"He was unaware he was required to name anybody reasonably suspected of driving his car. He has a limited record and his references speak quite well of him.

"He was unaware police had that power. I would ask not to record a conviction."

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Magistrate Christopher Halburd said he understood that Danswan was remorseful but asked if he had complied with the form of demand following May 13.

Danswan's solicitor confirmed that he had not complied and asked for a one-week adjournment so that his client might supply the suspected driver's identity.

The police prosecutor said one of the purposes of sentencing was to provide a general deterrence.

"There needs to be deterrence against further offences down the track with other offenders," the prosecutor said.

"Police need to know who was driving a car, particularly when they are told the owner had attended an outlaw motorcycle club event."

Magistrate Halburd said he could understand Danswan needing to seek advice after receiving the demand to name the driver, but it was still up to him to comply.

"In the meantime he has not provided the information requested on the day and I will sentence him on that basis," Magistrate Halburd said.

The matter was adjourned for sentencing on August 9. The charge against Danswan carries a maximum penalty of a $5500 fine and/or 12 months' jail.

UPDATE: Danswan was given a 12-month conditional release order on the condition he not commit any further offences.

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