Minutes 04/13/2004 - Laserfiche WebLink

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April 13, 2004 Sec. 12-11. Violations of chapter generally; reimbursement of expenses incurred in responding to DUI and other traffic incidents. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a traffic infraction. (a) In addition to any other penalty provided by the Code of Virginia or this code, any person convicted of violating any of the following provisions shall be liable in a separate civil action for reasonable expenses incurred by the City or by any volunteer rescue squad, or both, when providing an appropriate emergency response to any accident or incident related to such violation: (1) The provisions of Code of Virginia §§ 18.2-51.4, 18.2-266 or § 29.1-738, 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 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; (3) The provisions of Code of Virginia 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 the provisions of Code of Virginia § 46.2-894 relating to improperly leaving the scene of an accident. (b) 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. In determining the "reasonable expenses," the City or the responding volunteer rescue squad may bill a flat fee of $100 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, 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 City 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.