Credibility

The Defendant appealed the trial magistrate’s decision sustaining the charged violation of G.L. 1956 §31-17-2 (vehicle turning left or right).  The Defendant argued the trial magistrate’s decision was not supported by the evidence and that the trial magistrate relied on hearsay. Specifically, the Defendant failed to yield the right-of-way as required by the statute. The Panel noted that it “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) (citations omitted).  Furthermore, the Panel found no evidence to support the allegation that the magistrate relied on hearsay.  Ultimately, the Panel found the trial magistrate did not abuse his discretion and his decision was backed by “legally competent evidence.”

City of Cranston v. Carlos Molina Martinez, C.A. No. T15-0020 (January 28, 2016).pdf