Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant claimed that the trial judge abused his discretion because he credited the testimony of the officer over his own testimony. However, the Appeals Panel held that only the finder of fact may asses the credibility of witnesses. Accordingly, Court held that the trial judge did not abuse his discretion and sustained the violation against the defendant.