§ 46-27. Reimbursement of expenses incurred in responding to DUI and related 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 Town of Marion or to any responding volunteer fire or rescue squad, or both, for restitution of reasonable expenses incurred by the Town of Marion 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 such violation.

(b)

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 Town of Marion or to any responding volunteer fire or rescue squad, or both, for restitution of reasonable expenses incurred by the Town of Marion when issuing any related arrest warrant or summons.

(1)

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

(3)

The provisions of Article 1(Section 46.2-300 et seq.) of Chapter 3 of Title 46.2 relating to driving without a license or driving with a suspended or revoked license; and

(4)

The provisions of Section 46.2-894 relating to improperly leaving the scene of an accident.

(c)

Personal liability under this section for reasonable expenses of an appropriate emergency response pursuant to subsection shall not exceed $1,000.00 in the aggregate for a particular accident, arrest, or incident occurring in the Town of Marion. In determining the "reasonable expenses," the Town of Marion 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 Town of Marion for responding law enforcement, firefighting, rescue and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the commonwealth, to the Town of Marion 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 11-19-12(3))

(Ord. of 11-19-12(3))