[HISTORY: Adopted by the Board of Supervisors of Northumberland County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-2006]
Any person convicted of violating any of the following provisions shall
be liable for restitution at the time of sentencing or in a separate civil
action to the locality or to any responding volunteer fire or rescue squad,
or both, for reasonable expenses incurred by the locality for responding law
enforcement, fire-fighting, rescue and emergency services, including by the
sheriff's office of such locality, 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.
The provisions of § 18.2-51.4, 18.2-266, 18.2-266.1,
29.1-738, 29.1-738.02, 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;
B.
The provisions of Article 7 (§ 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;
C.
The provisions of Article 1 (§ 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
D.
The provisions of § 46.2-894 relating to improperly
leaving the scene of an accident.
Personal liability under this section for reasonable expenses of an
appropriate emergency response shall not exceed $1,000 in the aggregate for
a particular accident or incident occurring in such locality. Rates for "reasonable
expenses" will be billed on a minute-by-minute basis of the actual costs incurred
at the accident. 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 locality 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 Commonwealth, to the locality
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.
