Court documents revealed Christopher John Gillespie was driving a white Toyota Landcruiser ute along Gladstone Street in Mudgee before turning into the BP at 9.48am on February 15 this year.

The female passenger exited the vehicle and went into the store while the 53-year-old was filling the ute with diesel. She returned to the driver's seat as Gillespie had taken the passenger's seat.

Checks revealed Gillespie was disqualified from driving for one year until October 6. He was issued a court attendance notice.

During sentencing in Mudgee Local Court on May 4, Gillespie's solicitor Russell Skinner referred to his client's actions as "foolish" and that his driving record did not assist him.

Magistrate Elizabeth Ellis sought to convict Gillespie because it was "very clear" he knew he was driving within his disqualification period.

"I can think of so many things you could've done instead of driving while disqualified," Magistrate Ellis said.

Gillespie was fined $400 and disqualified from driving for an additional three months.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: