Defendant appealed the decision of the trial judge 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 Trooper’s testimony over his own. Specifically, the Defendant argued that he exceeded the speed limit to avoid another motorist who twice hit the rear of Defendant’s car, placing the Defendant in fear for his life. The Trooper testified that he had not heard the Defendant’s story at the scene, but acknowledged that he was accompanied by another Trooper. The Defendant testified that he told his story about being in danger to the other Trooper. The Panel noted that the trial judge inquired as to the merits of the Defendant’s story by questioning the Trooper. The Panel did not reach the issue of whether the Defendant’s version of events, if true, would constitute a defense, noting that the trial judge “clearly assessed the credibility of the trooper and the Appellant and then sustained the charge.” The Panel noted that the trial judge clearly assessed the credibility of both the Trooper and the Defendant and that the Trooper testified to the calibration of his radar device and to his training in the use of radar. The Panel held that the trial judge did not err in adopting the Trooper’s testimony. Accordingly, the Panel sustained the charged violation.
State of Rhode Island v. James Sullivan, C.A. No. T11-0005 (March 30, 2011) Credibility
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions