RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. George Philips, C.A. No. T09-0036 Credibility

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The defendant claimed that the trial judge was clearly erroneous in crediting the testimony of the citing officer over his testimony because the officer appeared to be reading from a paper when testifying and made a mistake as to the color of the defendant’s vehicle.  However, 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 charge against the defendant.

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