A Dubbo father who was spotted erratically driving home from Wongarbon while more than three times the legal limit, told police he'd been sitting in his car all night.
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Supported by partner and child, Matthew Olsen fronted Dubbo Local Court on Wednesday after pleading guilty to high-range drink driving.
The 27-year-old was spotted by a witness driving a White Holden Rodeo leaving Wongarbon turning onto the Mitchell Highway about 9.50pm on March 27 this year.
The witness contacted police after Olsen overtook them at speed on a corner and began to swerve in his vehicle.
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According to police, the witness followed Olsen into Dubbo where he stopped on the corner of Baird and Timberi Drive.
The witness waited and told police when they arrived a short time later no other person got out of the vehicle prior to their arrival.
When questioned by officers where he had been, Olsen said he'd been sitting in his car for about half-an-hour and hadn't driven anywhere.
But officers said they had CCTV footage and a witness that suggested he had been driving, and he was subject to a roadside breath test.
After Olsen returned a positive roadside test, he was arrested and taken to Dubbo police station where he returned a high-range reading of 0.168 - more than three times the legal limit.
Court documents revealed Olsen had been charged with mid-range drink driving in 2018 and low range drink driving in 2021.
In court on Wednesday defence lawyer Thomas Eckersley asked the court for an adjournment, noting the previous magistrate "may have relied on police facts" underlining things that should have been redacted.
Olsen had appeared before Dubbo Local Court on September 14 pleading guilty to high-range drink driving, where Magistrate Roger Prowse had sentenced Olsen to a 15-month jail sentence. But the case was adjourned to Wednesday to determine if he was fit for home detention or full time custody.
Following the confusion, Magistrate Gary Wilson said "we'll start again", ordering Olsen to complete the sentencing assessment report in full.
The case will return to court for sentence on November 30.