§ 13-71. 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 at the time of sentencing or in a separate civil action be liable for restitution of reasonable expenses incurred by the county or by any volunteer fire or rescue squad, or any combination thereof, when providing an appropriate emergency response to any accident or incident related to such violation or when issuing any related arrest warrant or summons. 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, arrest or incident occurring in the county:

(1)

The provisions of Code of Virginia, § 18.2-51.4, 18.2-266 or 29.1-738, as amended, or a similar county 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, tit. 46.2, ch. 8, art. 7 (§ 46.2-852 et seq.), as amended, 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, as amended, relating to improperly leaving the scene of an accident.

(b)

In determining "reasonable expenses," the county may bill a flat fee of $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, firefighting, rescue, and emergency medical services. The court may order as restitution the reasonable expenses incurred by the county for firefighting, rescue and emergency medical services.

(c)

The police department shall compile a report of the reasonable expenses of the appropriate emergency response for each accident, arrest warrant, summons or incident and forward that information to the county attorney's office or the accounting department for appropriate proceedings. The fire and EMS department shall have the same reporting requirements except for accidents, arrest warrants, summonses or incidents for which restitution is sought in the underlying criminal case.

(Ord. of 12-19-01, § 1; Ord. of 8-27-03, § 1; Ord. of 7-28-04(2), § 1; Ord. of 4-27-05, § 1; Ord. of 8-26-09(1), § 1; Ord. of 7-28-10(1), § 1; Ord. of 6-26-19(1), § 1)

(Ord. of 12-19-01, § 1; Ord. of 8-27-03, § 1; Ord. of 7-28-04(2), § 1; Ord. of 4-27-05, § 1; Ord. of 8-26-09(1), § 1; Ord. of 7-28-10(1), § 1; Ord. of 6-26-19(1), § 1)