Ronald Hickman v. Commonwealth of Virginia

Court of Appeals of Virginia·Decided April 28, 2026·No. 1789242·Unpublished

Opinion

COURT OF APPEALS OF VIRGINIA Record No. 1789-24-2

RONALD HICKMAN

v.

COMMONWEALTH OF VIRGINIA, ET AL.

Present: Judges Causey, Chaney and White Opinion Issued April 28, 2026*

FROM THE CIRCUIT COURT OF HENRICO COUNTY Rondelle D. Herman, Judge

(Wes B. Simon; The Simon Law Firm, on brief), for appellant.

(Jason S. Miyares,1 Attorney General; Justin B. Hill, Assistant Attorney General; Shannon L. Taylor, Commonwealth’s Attorney; Andrew Smeltzer, Assistant Commonwealth’s Attorney, on brief), for appellees.

MEMORANDUM OPINION

PER CURIAM

Upon a jury’s finding of guilty, the trial court convicted Ronald Hickman of driving under the influence of alcohol and obstruction of justice. The trial court sentenced him to 24 months’ incarceration, with 22 months and 25 days suspended. The court also suspended Hickman’s driver’s license for a year, imposed a fine of $750, and ordered an ignition interlock.

*

This opinion is not designated for publication. See Code § 17.1-413(A).

1 Jay C. Jones succeeded Jason S. Miyares as Attorney General on January 17, 2026.

On appeal, Hickman challenges the sufficiency of the evidence to sustain his convictions. Finding no error, we affirm the trial court’s judgment.2 BACKGROUND

We recite the facts “in the ‘light most favorable’ to the Commonwealth, the prevailing party in the trial court.” Fary v. Commonwealth, 77 Va. App. 331, 341 (2023) (quoting Commonwealth v. Barney, 302 Va. 84, 96 (2023)). In doing so, we discard any evidence that conflicts with the Commonwealth’s evidence, and regard as true all the credible evidence favorable to the Commonwealth and all inferences that can be fairly drawn from that evidence. Barney, 302 Va. at 97. “This deferential principle applies not only to ‘matters of witness credibility’ but also to the factfinder’s ‘interpretation of all of the evidence, including video evidence’ presented at trial.” Id. (quoting Meade v. Commonwealth, 74 Va. App. 796, 806 (2022)).

On January 23, 2023, Hickman was in a car accident with Karen King while driving on Williamsburg Road in Henrico County. King testified at trial that she was driving on Williamsburg Road when Hickman struck her car on the passenger side while turning off a side street and onto Williamsburg Road. Hickman screamed and yelled at King from his vehicle after the collision, and then King and Hickman pulled into a nearby gas station parking lot. King called the police from the parking lot, but did not approach Hickman’s vehicle.

Officer Matthew Murray “responded” to the gas station to investigate the reported accident.

He spoke with King, who remained in her car, and assessed the damage on the passenger side of her vehicle. When Officer Murray approached Hickman’s vehicle, Hickman “was very hard to

2 Having examined the briefs and record in this case, the panel unanimously agrees that oral argument is unnecessary because “the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.” See Code § 17.1-403(ii)(c); Rule 5A:27(c).

understand, sometimes almost unintelligible” and “was slurring his words very heavily . . . [and] had a strong odor of alcohol coming from his person.” Officer Murray asked Hickman to get out of the car and show Officer Murray the damage to his car. Officer Murray noted that Hickman “was unsteady on his feet” when he got out of the car and that Hickman bumped into his car’s corner and a BP gas display while walking around the car to show Officer Murray the damage on his vehicle. During the walk-around, Hickman gave Officer Murray conflicting and unclear accounts of which direction he was driving, the position of his car relevant to King’s car, and which side of his car collided with King’s vehicle. Officer Murray asked Hickman to get back in his car, and when Hickman continued standing in front of his car for a few moments, Officer Murray asked him if he had taken anything that day. Hickman responded, “No, sir.” Officer Murray again asked Hickman to get back in his vehicle and went to tell King that she was free to leave.

Officer Murray returned to Hickman’s vehicle and found him asleep at the wheel. Officer Murray also noted that Hickman had urinated on himself while sitting in his vehicle. Officer Murray called for another officer to join him to continue the investigation and waited for the officer to arrive before waking Hickman. Once the other officer arrived, Officer Murray woke Hickman and began a DUI investigation. Officer Murray administered three “pre-exit” sobriety tests—an alphabet test, number test, and finger dexterity test—and Hickman failed all three. Officer Murray asked Hickman to exit his vehicle to perform two standard field sobriety tests.

Officer Murray first administered a nystagmus test where he held a pen in front of Hickman, and Hickman was to follow the pen’s movement with his eyes without moving his head. Officer Murray was looking for nystagmus, the “inadvertent shaking of the eye as it moves from the center to the outside or inside of the eye as it’s going back and forth.” The officer watches to see if the person doing the test exhibits nystagmus before the pen is placed at a 45-degree angle away from the center of their face. Officer Murray explained the rules of the test to Hickman, and Hickman

told Officer Murray that he understood the rules. Officer Murray testified that he saw “a lack of smooth pursuit in both eyes. And there was slight onset of nystagmus prior to 45 degrees.” Hickman displayed four out of six signs of impairment during the nystagmus test.

Next, Officer Murray administered a walk and turn test consisting of two phases: an instructional phase and a test phase. During the instructional phase, the person is instructed to stand still with their right foot in front of their left foot, heel-to-toe, with their hands down at their sides; the administering officer is “looking to see if they’re able to keep their balance” in that position while the officer explains the instructions of the test. Hickman stood with his feet apart while listening to Officer Murray’s instructions, often interrupting him. Officer Murray asked Hickman if he understood the rules of the test, and Hickman responded that he did. During the test, the person is supposed to take nine heel-to-toe steps in a straight line without using their arms for balance, turn around, and take another nine heel-to-toe steps in a straight line. When he attempted the test, Hickman did not make heel-to-toe steps, did not count his steps, and did not walk in a straight line. He turned around, took a few steps that were not heel-to-toe, made a few heel-to-toe steps, and stopped the test. Hickman displayed seven out of eight signs of intoxication during the walk and turn test.

Officer Murray testified that he was unable to administer the third field sobriety test—the one-legged stand—because he feared Hickman would fall over while performing the test. Officer Murray attempted to administer a preliminary breath test several times, but Hickman did not blow into the tube enough to get a sufficient sample. Officer Murray asked Hickman when he had last had something to drink, and Hickman told him that he had drank one 40-ounce Steel Reserve beer more than an hour earlier, possibly two hours earlier. Officer Murray then arrested Hickman for driving under the influence (Henrico County Ordinance 22-2 incorporating Code § 18.2-266(ii)).

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