Credibility

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-13-4 (obedience to devices). Defendant argued that the trial judge erred by rejecting Defendant’s assertion that she did not have enough time to react after noticing a “Do Not Enter” sign before a police officer signaled Defendant to pull over. The Appeals Panel held that the trial judge’s decision was not clearly erroneous because the Appeals Panel “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) (citing Liberty Mut. Ins. Co. v. Janes, 586 A.2d 536, 537 (R.I. 1991)). Accordingly, the Appeals Panel affirmed the decision of the trial judge.

City of East Providence v. Alyssa Stephenson, No. M17-0020 (June 20, 2018).pdf