But in a situation that magistrate Richard Funston said clearly aggravated the offence, Nathan Michael Nance was also a disqualified driver.

And within a week he was caught driving while disqualified twice more, each time in a hire car.

Albury Local Court was told on Monday that his repeat offending was questioned by police the third time, when he was stopped in Wodonga Place, Albury, just south of Dean Street, on February 4 just after 7am.

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"When asked why he needed a car at all due to being disqualified, he shrugged his shoulders," police said.

"From this information it was obvious to police that the accused was changing vehicles in an attempt to evade police detection in respect to driving while disqualified."

Nance yesterday tried to explain away the double offence of drink- and disqualified-driving by saying he did not realise, at the time he was first pulled over on January 28, that he was not allowed to be driving in NSW.

Police said, in an outline of the case put before Mr Funston, that Nance claimed a Victorian police officer had told him that while he was disqualified in that state - he lost his licence for three months from December 27 - he could still drive in NSW.

"I don't think you're appreciating how serious this is," Mr Funston told Nance.

"I am appreciating how serious this is," he replied, "there's no excuse."

Earlier, Mr Funston castigated Nance, 42, for believing he could safely drive with a blood alcohol content of 0.160 and with children aged 11 and 7 in the car.

"I find that extraordinary that you would want me to accept that," he said.

Nance said he'd downed three glasses of wine "and then got straight in the car".

He pleaded guilty to driving with a high-range prescribed concentration of alcohol and three disqualified driving charges.

Nance was stopped by police in Diggers Road, Lavington, about 6.40pm and gave a positive breath test.

He was next caught driving while disqualified - again with the children in the car, delivering them to his estranged partner's home - on January 30 about 7.50pm.

"Mr Nance," Mr Funston said, "you're very close to getting a jail sentence today."

Instead, Nance was convicted and fined $1600, disqualified from driving for seven months and placed on a 12-month community corrections order.

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