§ 11-70. Reimbursement of expenses incurred in responding to DUI incident and other traffic incidents.

(a)

Any person who is convicted of violating any of the following provisions shall, at the time of sentencing or in a separate civil action, be liable to the county or to any responding volunteer fire or rescue squad, or both, for restitution of reasonable expenses incurred by the county for responding law enforcement, firefighting, rescue and emergency services, including those incurred by the sheriff's office of the county or by any volunteer fire or rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to such violation. A 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 county or to any responding volunteer fire or volunteer emergency medical services agency, or both, for restitution of reasonable expenses incurred by the county when issuing any related arrest warrant or summons, including the expenses incurred by the sheriff's department, or by any volunteer fire or volunteer emergency medical services agency, or by any combination of the foregoing:

(1)

The provisions of § 18.2-36.1, 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 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 Article 7 (§ 46.2-852, et seq.) of Chapter 8 of Title 46.2 of the Code of Virginia, 1950, as amended, relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident;

(3)

The provisions of Article 1 (§ 46.1-300, et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia, 1950, as amended, relating to driving without a license or driving with a suspended or revoked license; and

(4)

The provisions of § 46.2-894 of the Code of Virginia, 1950, relating to improperly leaving the scene of an accident.

(b)

Personal liability under this section for reasonable expenses of an appropriate emergency response pursuant to subsection (a) shall not exceed one thousand dollars in the aggregate for a particular accident, arrest, or incident occurring in the county. In determining the "reasonable expenses," the county may bill a flat fee of three hundred fifty dollars 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, and emergency medical services. The court may order as restitution the reasonable expenses incurred by the county for responding law enforcement, firefighting, and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the Commonwealth, to the county, or to any volunteer emergency medical services agency 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. (9-21-17; 9-19-19)

(STATE LAW REFERENCE—Code of Virginia, Sec. 15.2-1716.)