Credibility

The Defendant appealed the trial judge’s decision sustaining the charged violation of G.L. 1956 §31-22-2 (restriction on backing—improper backing) and §31-15-12 (interval between vehicles—following too close).  The Defendant argued the trial judge’s decision was not supported by the evidence and specifically that the §31-15-12 violation never occurred.  The Panel noted that it “lacks the authority to assess witness credibility or to substitute its judgment for that of the hearing judge concerning the weight of the evidence on questions of fact.”  Link v. State, 633 A.2d 1345, 1348 (R.I. 1993) (citations omitted).  Furthermore, the Panel noted the appeal focused only on a factual dispute and that the Appellant was not prejudiced in any way.  The Panel must give deference to the trial judge and the factual conclusions the judge reached.  Therefore, the Panel affirmed the violations.

“State of Rhode Island v. David Jacobs, C.A. No. T14-0010 (February 3, 2016)”.pdf