Defendant appealed the decision of the magistrate of the R.I. Traffic Tribunal sustaining violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit) and R.I. G.L. 1956 § 31-22-21.1 (open container) after a car accident. On the refusal charge, the R.I. Traffic Tribunal appeals panel found no error in the Trial Magistrate’s conclusion that the Defendant made a knowing and voluntary decision to refuse the chemical test.  The Defendant introduced the testimony of a physician to describe the potential impact of a concussion on a motorist’s ability to speak coherently and make informed decisions.  The Trial Magistrate, noting that the physician did not observe the Defendant on the date in question, found the testimony unpersuasive. Deeming this a “credibility determination,” the Appeals Panel was unwilling to disturb the Trial Magistrate’s findings. Therefore, the appeals panel found the Trial Magistrate’s decision was not erroneous on the refusal to submit charge.  The appeal was denied and the violation sustained.