New Kent Charles City Chronicle

News for New Kent County and Charles City County, Virginia | December 18, 2018

DUI accident in New Kent lands man in jail for four months

By Andre Jones | November 19, 2018 7:36 pm

A Chester man will serve four months in jail after a vehicle he was driving while intoxicated wrecked on Interstate 64 in New Kent.

Erich Michael Hibbard II, 48, of the 4600 block of Cedar Cliff Road, entered guilty pleas to two amended charges of misdemeanor child neglect (originally felony child abuse) and misdemeanor DUI (first) while a child occupied a vehicle during Monday morning proceedings in New Kent Circuit Court.

In a summary of evidence provided by Commonwealth’s Attorney Linwood Gregory, on Apr. 22 just before noon, a Virginia State Trooper responded to an accident on Interstate 64 where a Chevrolet Blazer had overturned while heading to Busch Gardens. The three occupants of the vehicle, Hibbard and two juveniles, were being treated at the scene by ambulance when the officer interviewed the defendant. After the officer detected the scent of alcohol, a blood withdrawal revealed that the defendant’s blood-alcohol content was .014, nearly two times the legal limit. Hibbard was arrested after his release from hospital care.

Under the plea agreement, Hibbard received 12-month sentences with 10 months suspended on each of the child neglect convictions (total of four months to serve). He will also serve five additional days in jail (mandatory minimum) for the DUI conviction and pay a fine of $1,000 ($250 suspended).

In an unrelated trial, a Toano man will spend four months in jail after agreeing to terms of a plea agreement for possessing cocaine.
Christopher Recardo Delaney Sr., 34, of the 2000 block of Old Route 60, entered guilty pleas to one count each of possession of cocaine, misdemeanor DUI (first), and misdemeanor violating terms of pretrial conditions.

In a summary of evidence, on Nov. 18, 2017, a New Kent deputy noticed a vehicle weaving back and forth along Route 60 (Pocahontas Trail) and attempted to conduct a traffic stop. The vehicle did not pull over and continued to proceed before pulling into a residence. After the vehicle was stopped, Delaney, now identified as the driver, was searched after the officer detected the odor of alcohol. A search of the vehicle discovered a smoke device that had cocaine in it. A subsequent blood test revealed that the defendant’s blood-alcohol content level was .023, nearly three times the legal limit.

Under the agreement, Delaney received a five-year sentence with four years, eight months suspended on the possession of cocaine conviction (four months to serve). All 90 days on the DUI conviction were suspended, but he must pay a $250 fine, and he will also serve 10 days in jail for violating terms of his pretrial bail conditions.