03/12/2014
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices). The defendant claimed that the magistrate was clearly erroneous in finding that the defendant went through a red light causing an accident. The Court held that the trier of fact assesses the credibility of witnesses and that although all of the parties involved in the accident claimed they had a green light, the trier of fact was entitled to credit the testimony of an impartial witness to the accident. As such the Court affirmed the decision of the Appeals Panel.
Deborah Freeman v. State of Rhode Island A.A. No. 2012-164.pdf