Credibility

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-15-16 (use of emergency break-down lane for travel). The defendant claimed that the trial judge was clearly erroneous in crediting the testimony of the citing officer over his testimony.  However, at trial, the defendant admitted to driving his vehicle in the emergency breakdown lane and the Court held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial court sustaining the charges against the defendant.

State of Rhode Island v. Justin Zebrowski-Blackson, C.A. No. T09-0107 (March 29, 2010).pdf