The guideline for the offence has a “Starting Point” of one and a half weeks’ net income with a range of between one and 1.5 weeks’ net income. The judge put this offence at the lower end of seriousness. This seems appropriate as the band of seriousness covers up to 59μg of alcohol in breath (Mr. Joelinton was tested at 43μg). This would give a calculated fine of £43,000. However, he was entitled to a one third discount for his early guilty plea, so in fact he was a little over-sentenced (his fine should have been ££28,667). The surcharge (often referred to as a “Victim Surcharge”) is set at 40% of the fine, but is capped at £2,000.
Mr Joelinton was a little unfortunate. Until 2015 the maximum fine that could be imposed for the offence was £5,000, so with a guilty plea the maximum he would have paid was £3,333. Until June of last year the maximum surcharge was just £170.