NO Reckless Driving Civil Penalty unless emergency vehicles involved - Co. Code Sec 13-71
We are trying to petition Chesterfield's Board of Supervisors to revise the law that allows a CIVIL CHARGE of between $350 and $1,000 (IN ADDITION TO THE TRAFFIC TICKET CHARGES) for anyone who gets a Reckless Driving Ticket. The law 'as written' says these charges are allowed ONLY to cover expenses if emergency vehicles are required, BUT Chesterfield has been enforcing this civil charge for anyone who gets a reckless driving ticket, even if emergency vehicles are NOT required.
**If you read/watch the Mark Holmberg link below, he may explain it better than I do ;-) This is a state law, but Chesterfield is the only county using this law to make extra money.
Below links are Mark Holmberg's article on Chesterfield's abuse of this law AND the law as written.
§ 13-71. Reimbursement of expenses incurred in responding to DUI and other traffic accidents or incidents
•(a) A person convicted of violating any of the following provisions shall at the time of sentencing or in a separate civil action be liable for restitution of reasonable expenses incurred by the county or by any volunteer fire or rescue squad, or any combination thereof, when providing an appropriate emergency response to any accident or incident related to such violation or when issuing any related arrest warrant or summons. Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000.00 in the aggregate for a particular accident, arrest or incident occurring in the county:
(1) The provisions of Code of Virginia, § 18.2-51.4, 18.2-266 or 29.1-738, as amended, or a similar county 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.), as amended, relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; and
(3) The provisions of Code of Virginia, § 46.2-894, as amended, relating to improperly leaving the scene of an accident.
(b) In determining "reasonable expenses", the county 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 county for firefighting, rescue and emergency medical services.
(c) The police department shall compile a report of the reasonable expenses of the appropriate emergency response for each accident, arrest warrant, summons or incident and forward that information to the county attorney's office or the accounting department for appropriate proceedings. The fire department shall have the same reporting requirements except for accidents, arrest warrants, summonses or incidents for which restitution is sought in the underlying criminal case.
(Ord. of 12-19-01, § 1; Ord. of 8-27-03, § 1; Ord. of 7-28-04(2), § 1; Ord. of 4-27-05, § 1; Ord. of 8-26-09(1), § 1; Ord. of 7-28-10(1), § 1)
We, the undersigned residents of Chesterfield, VA, request that the Chesterfield, VA Board of Supervisors revise the enforcement of Co. Code Sec 13-71 - Reckless Driving Civil Penalty Charge to ONLY be charged IF emergency vehicles are involved when a reckless driving ticket is issued.
The NO Reckless Driving Civil Penalty unless emergency vehicles involved - Co. Code Sec 13-71 petition to Board of Supervisors - Chesterfield, VA was written by G Heron and is in the category Law Reform at GoPetition.