Credibility

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-14-2 (prima facie limits), R.I.G.L. 1956 § 31-14-3 (conditions requiring reduced speed), and R.I.G.L. 1956 §31-16-5 (turn signal required). The defendant claimed that the trial judge was clearly erroneous in crediting the testimony of the citing officer over his testimony and that of his passenger.  However, the District Court held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the Appeals Panel.

Domenic Picozzi v. RITT, A.A. No. 09-00087 (July 24, 2009).pdf