Credibility

Defendant appealed from the trial judge’s decision sustaining the charged violation of G.L. 1956 § 31-13-4, “Obedience to devices.”  The Defendant argued that trial judge’s decision was against the evidence presented.  Specifically, Defendant testified that the light was yellow when he went through the intersection and that he proceeded through the intersection to avoid being rear-ended by a vehicle directly behind him.  The Officer testified that the light was red when Defendant drove through the intersection. The Panel gave deference to the trial judge’s discretion to adopt the Officer’s testimony over the Defendant’s and sustained the charged violation.

City of East Providence vs. Clifford Hoy, C.A. No. M12-0015 (April 4, 2013).pdf