Hammonds v. Commonwealth

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RICHETTA VERONIQUE HAMMONDS v. COMMONWEALTH OF VIRGINIA

No. 0667-23-4

Court of Appeals of Virginia

July 2, 2024

FROM THE CIRCUIT COURT OF ARLINGTON COUNTY Daniel S. Fiore, II Judge

Meghan Shapiro, Senior Appellate Attorney (Virginia Indigent Defense Commission, on briefs), for appellant.

Collin Chayce Crookenden, Assistant Attorney General (Jason S Miyares, Attorney General, on brief), for appellee.

Present: Judges Athey, Causey and Callins Argued at Winchester, Virginia

MEMORANDUM OPINION ^[*]

CLIFFORD L. ATHEY, JR. JUDGE

Following a jury trial, Richetta Veronique Hammonds ("Hammonds") appeals from her convictions in the Circuit Court of Arlington County ("trial court") for drinking while driving, driving while intoxicated, and following too closely, in violation of Code §§ 18.2-323.1, 18.2-266, and 46.2-816.^[1] Hammonds assigns error to the trial court: (1) for finding the evidence sufficient to support her convictions; (2) for denying her proposed jury instruction; (3) for declining to answer a question posed by the jury during the sentencing phase; and (4) for permitting Virginia State Trooper William Bonnet ("Trooper Bonnet") to testify about his decision not to administer an Intoxilyzer breath test.^[2] Since we find no error, we affirm the convictions.

I. Background

At 2:20 a.m. on February 27, 2022, Trooper Bonnet was patrolling in Arlington County when he observed a white 2014 Ford Focus, later determined to be driven by Hammonds, speeding northbound on I-395. Dash camera footage from Trooper Bonnet's vehicle reflected that he was following Hammonds's Ford Focus on I-395 and paced her driving at 79 miles per hour in a 55 mile-per-hour speed zone. At trial, Trooper Bonnet estimated that during his pursuit of Hammonds, she accelerated up to 95 miles per hour. He further testified that Hammonds "travel[ed] at sporadic rates of speed," failed to maintain her lane, and tailgated the vehicle in front of her car so closely that Trooper Bonnet was unable to see the vehicle she was tailgating. Based on Trooper Bonnet's training and experience, he opined that Hammonds could not have avoided colliding with the vehicle in front of her if that vehicle had abruptly stopped. He stated that he was "trained . . . to identify what are proper safe following distances," which would be generally known as "the three second rule" in order "to ensure a safe following distance."

While driving behind Hammonds, Trooper Bonnet then activated his emergency lights to initiate a traffic stop. As Hammonds pulled to the left shoulder on I-395, Trooper Bonnet activated the vehicle's public announcement system and instructed Hammonds to pull over onto the right shoulder of I-395. Instead, Hammonds remained parked on the left shoulder of I-395 along the median. Trooper Bonnet then approached the driver's side of the Ford Focus, requested that Hammonds produce her driver's license, and explained why he had initiated the traffic stop. Hammonds disregarded Trooper Bonnet's request for identification. Next, he ordered her to turn the car off and when she did not, he walked to the passenger side of Hammonds's car, opened the door, and removed the keys from the car's ignition.

As Trooper Bonnet interacted with Hammonds, he noticed an odor of alcohol coming from Hammonds's person and that her eyes were glassy and that she appeared confused. Based on his training and experience, Trooper Bonnet surmised that Hammonds may have been under the influence of alcohol. He requested that Hammonds exit her vehicle, which she did. Trooper Bonnet again explained why he had initiated the traffic stop. He further inquired about where she was coming from and what her destination was. He then asked her to voluntarily participate in field sobriety tests. Hammonds agreed to perform the field sobriety tests, but she refused to tell Trooper Bonnet where she had been driving.

Trooper Bonnet administered three field sobriety tests: the horizontal gaze nystagmus ("HGN") test, the nine-step walk-and-turn test,^[3] and the one-leg stand test.^[4] Before conducting the tests, Trooper Bonnet asked Hammonds what her highest level of education was. Hammonds answered that she had a bachelor's degree. He also asked Hammonds if she had any prior injuries. Hammonds relayed that she had once suffered a gunshot injury, but she did not elaborate further about the injury.

During the HGN test, Hammonds manifested nystagmus-involuntary jerking of the eyes. Trooper Bonnet noted that nystagmus indicated that Hammonds may be impaired. Then, while completing the nine-step walk-and-turn test, Hammonds moved from her starting position, used her arms for balance, took only four steps forward, never touched her heel to her toe, improperly turned around, and then only took seven steps back to her starting position. Finally, during the one-leg stand test, Hammonds could not maintain her balance and switched the foot she was standing on. Trooper Bonnet concluded from these field sobriety test results that Hammonds was impaired.

Trooper Bonnet then arrested Hammonds and secured her inside a law enforcement vehicle. A second state trooper watched Hammonds, while Trooper Bonnet and a third state trooper searched Hammond's Ford Focus. Trooper Bonnet testified that the vehicle smelled like alcohol and that during the search they recovered two bottles of Hennessey liquor on the back seat. One of the bottles was unsealed, half-full, and within reach of the driver's seat. The other bottle was unopened.

At trial, the Commonwealth introduced video showing Hammonds being transported to the local jail. While en route, she made several statements that were captured on Trooper Bonnet's dash camera.^[5] For example, she stated, "I fucked up. I fucked up. Yes, I drunk some Hennessey tonight. I fucked up." She continued, "I'm drunk. I'm drunk." She noted that she had "been doing this shit for like a long time . . . I get high, I get drunk. And I go up and down I-95 all the [] time" and "[t]hat's the first time I ever been locked up."

On cross-examination, Hammonds's counsel then asked Trooper Bonnet if he knew "how to get a warrant for a blood draw?" When Trooper Bonnet indicated that he did, Hammonds's counsel then asked, "How does that work?" Trooper Bonnet then explained the process and admitted that he had not sought a warrant for drawing blood in this case. On re-direct examination, the Commonwealth then asked Trooper Bonnet, "[W]hy didn't you get a warrant for her blood?" Trooper Bonnet stated that Hammonds was uncooperative once they arrived at the jail. He noted that upon arrival, he brought her to the Intoxilyzer. Then Hammonds's counsel objected to Trooper Bonnet's answer as prejudicial. During the subsequent sidebar, Hammonds's counsel argued that the evidence was prejudicial and "makes it seem as if . . . she's guilty of [unreasonably refusing the breath test]" when she had already been acquitted of that charge. The trial court, however, found that Hammonds had opened the door when her counsel questioned Trooper Bonnet about the process for obtaining a blood test and therefore overruled Hammonds's objection. Continuing his answer, Trooper Bonnet explained that he "chose not to go with a blood draw or attempt to have Ms. Hammonds do the Intoxilyzer machine" because she had been uncooperative, and he did not think it was prudent to do so.

Hammonds moved to strike the driving under the influence charge, the drinking while driving charge, and following too closely charge, alleging that the evidence was insufficient as a matter of law. The trial court denied the motion. Hammonds then testified on her own behalf, admitting that she had purchased two bottles of Hennessey on February 26, 2022, and that she consumed two alcoholic drinks between 5:00 p.m. and 6:00 p.m. She denied consuming any other alcoholic beverages that evening. She further testified that when she left home around midnight, to drive her husband to work, she brought both bottles of Hennessey with her because she expected to visit her sister at her home in Washington, D.C. She added that she intended to share a drink of Hennessey with her sister before returning home, further explaining that it was normal for her to visit her sister late at night.

Hammonds testified that she was traveling to her sister's house when she was stopped by Trooper Bonnet. She asserted that she pulled over when he directed her to and immediately put on a mask because she was concerned about COVID-19. Hammonds also admitted that she did not immediately identify herself when asked because she "just felt like I didn't need to" as Trooper Bonnet had not "give[n] [her] a reason why he was stopping [her] or anything." Hammonds further asserted that she became terrified when Trooper Bonnet began to yell at her and that her terror grew when Trooper Bonnet opened her passenger door and removed the keys from the car's ignition. She further explained that after Trooper Bonnet returned to the driver's side of her car, she put hand sanitizer on because Trooper Bonnet had just been in her vehicle and she was nervous about contracting COVID-19. She claimed that the hand sanitizer was why she smelled of alcohol.

Hammonds next claimed that she agreed to perform the field sobriety tests to appease Trooper Bonnet and that she explained that she had been shot in the ankle and consequently her balance was poor. She denied that her statements made while traveling to jail were a confession that she had been drinking and driving. Hammonds claimed that she was merely explaining to Trooper Bonnet that she does drink alcohol and get high but not together and not while driving.

While the jury deliberated on Hammonds's guilt or innocence the trial court heard...