§ 27-9. Reimbursement of expenses incurred in responding to DUI and other traffic accidents or incidents.

(a)

A person convicted of violating any of the following provisions shall be liable in a separate civil action for reasonable expenses incurred by the City or by any volunteer rescue squad, or both, when providing an appropriate emergency response to any accident or incident related to such violation. 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 City.

(1)

The provisions of Code of Virginia, § 18.2-51.4, 18.2-266 or 29.1-738 or a similar City 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, title. 46.2, ch. 8, art. 7 (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; and

(3)

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

(b)

In determining "reasonable expenses", the City may bill a flat fee as set forth in Appendix A to this Code 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 City for firefighting, rescue and emergency medical services.

(c)

The Department of Police shall compile a report of the reasonable expenses of the appropriate emergency response for each accident or incident and forward that information to the Department of Finance for appropriate proceedings. The Department of Fire and Emergency Services shall have the same reporting requirements except for accidents or incidents for which restitution is sought.

(Code 2004, § 102-9; Ord. No. 2005-238-217, § 1, 10-10-2005)

State Law reference— Authority for above section, Code of Virginia, § 15.2-1716.

(Code 2004, § 102-9; Ord. No. 2005-238-217, § 1, 10-10-2005)

State law reference

Authority for above section, Code of Virginia, § 15.2-1716.