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    Sec. 25-169. Reimbursement of Expenses Incurred in Responding to DUI and Related Incidents.

     

    Sec. 25-169. Reimbursement of expenses incurred in responding to DUI and related incidents.
     
    (a) Any person convicted of violating any of the following provisions shall, at the time of sentencing or in a separate civil action, be liable to the city or to any responding volunteer rescue squad, or both, for restitution of reasonable expenses incurred by the city for responding law enforcement, firefighting, rescue and emergency services, including those incurred by the sheriff's office, or by any volunteer rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to such violation and shall also be liable for restitution of reasonable expenses incurred by the city when issuing any related arrest warrant or summons, including the expenses incurred by the sheriff's office, or by any volunteer rescue squad, or by any combination of the foregoing:
     
    (1) The provisions of Sections18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02, or 46.2-341.24, of the Code of Virginia, 1950, as amended, or any succeeding sections thereof, 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 which required the response of the police, fire or emergency services.
     
    (2) The provisions of Article 7 (Section 46.2-852 et seq.) of Chapter 8 of Title 46.2, of the Code of Virginia, 1950, as amended, or any succeeding sections thereof, relating to reckless driving, when such reckless driving is the proximate cause of the accident which required the response of the police, fire or emergency services.
     
    (3) The provisions of Article 1 (Section 46.2-300 et seq.) of Chapter 3 of Title 46.2, of the Code of Virginia, 1950, as amended, or any succeeding sections thereof, relating to driving without a license or driving with a suspended or revoked license, which required the response of the police, fire or emergency services.
     
    (4) The provisions of Section 46.2-894, of the Code of Virginia, 1950, as amended, or any succeeding sections thereof, relating to improperly leaving the scene of an accident which required the response of the police, fire or emergency services.
     
    (b) Personal liability under this section for reasonable expenses of an appropriate emergency response pursuant to subsection (a) shall not exceed $1,000 in the aggregate for a particular accident, arrest, or incident. In determining the "reasonable expenses," the city or volunteer rescue squad may bill a flat fee of three hundred and fifty dollars ($350.00) or a minute-by-minute accounting of the actual costs incurred. As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, fire-fighting, rescue, and emergency medical services. The court may order as restitution the reasonable expenses incurred by the city for responding law enforcement, fire-fighting, rescue and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the city or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving or operation of a vehicle or other conduct as set forth herein. (Ord. No. O-02-017, 1-22-02; O-09-106, 9-22-09, eff. 11-1-09; Ord. No. O-11-102, 9-13-11)
     
    Last updated date: 9/16/2011 10:12:54 AM