§ 11-65.5. Reimbursement of expenses and costs incurred responding to accidents and incidents relating to dui and certain other offenses.

(a)

Applicability. This section may apply to persons convicted of violating any of the following Code sections:

(1)

The provisions of Code of Virginia §§ 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 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 Code of Virginia Tit. 46.2, Ch. 8, Art. 7 (§ 46.2-852 et seq.) relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident.

(3)

The provisions of Code of Virginia Tit. 46.2, Ch. 8, Art. 1 (§ 46.2-300 et seq.) relating to driving without a license or driving with a suspended or revoked license; and

(4)

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

(b)

There is hereby imposed a flat fee of three hundred fifty dollars ($350.00) payable to the County of Franklin for an "appropriate emergency response", which includes the cost of providing law enforcement, firefighting, rescue, and emergency medical services response to any accident or incident as described in subsection (a) above.

(c)

(1)

Any person deemed liable under subsection (a) of this Code section shall be personally liable to Franklin County for the three hundred fifty dollar ($350.00) flat fee above set out.

(2)

The fee may be imposed at the time of sentencing following criminal conviction or in a separate civil action.

(3)

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 any conduct as set forth herein.

(Res. No. 09-07-2012, 7-17-12)

State Law reference— Enabling legislation, Code of Virginia, § 15.2-1716.

(Res. No. 09-07-2012, 7-17-12)

State law reference

Enabling legislation, Code of Virginia, § 15.2-1716.