§ 16-8. Reimbursement of expenses incurred in responding to driving under the influence incidents and other traffic incidents.

(a)

Pursuant to the authority under Code of Virginia, § 15.2-1716, a person convicted of violating any of the following provisions shall be liable for restitution at the time of sentencing or in a separate civil action to the town, including its police department, and/or the fire department and rescue squad for reasonable expenses incurred by the town for responding law enforcement, firefighting, rescue and emergency services, or by any volunteer fire or rescue squad, or any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to any violation:

(1)

The provisions of Code of Virginia, §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02, or a similar ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident;

(2)

The provisions of Code of Virginia, § 46.2-852 et seq., relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident;

(3)

The provisions of Code of Virginia, § 46.2-300 et seq., relating to driving without a license or driving with a suspended or revoked license; and

(4)

The provisions of Code of Virginia, § 46.2-894, relating to improperly leaving the scene of an accident.

(b)

Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000.00 in the aggregate for a particular accident or incident occurring in the town. In determining the "reasonable expenses," the town may bill a flat fee of $350.00 or a minute-by-minute accounting of the actual costs incurred. As used in this section, the term "appropriate emergency response" includes all costs of providing law enforcement, firefighting, rescue, and emergency medical services. The court may order as restitution the reasonable expenses incurred by the locality for responding law enforcement, firefighting, rescue and emergency medical services. The provision of this section shall not preempt or limit any remedy available to the commonwealth, to the town or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein.

(Ord. of 9-19-2006, § 8-20)

State Law reference— Similar provisions, Code of Virginia, § 15.2-1716.

(Ord. of 9-19-2006, § 8-20)

State law reference

Similar provisions, Code of Virginia, § 15.2-1716.