Credibility

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-20-12 (stopping for school bus required). Defendant argued that the trial magistrate abused his discretion in crediting the testimony of the officer and the bus driver over the defendant’s testimony. The Appeals Panel held that the decision to credit the officer’s testimony and the bus driver’s testimony over the defendant’s was within his discretion because only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the trial magistrate.

Town of Tiverton v. Kathleen Chasse, C.A. No. T09-0048.pdf