Credibility

The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-51-2.2 (stopping for school bus required). The Defendant argued that the trial magistrate’s decision was erroneous because the trial magistrate credited the Officer’s testimony over his own. Here, the trial magistrate determined that the Officer’s testimony was credible and sufficient to sustain the changed violation. The Panel held that the trial magistrate did not abuse his discretion because his decision to sustain the charged violation was supported by sufficient evidence. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the violation.

City of Providence v. Andrew Krichak, C.A. No. T14-0037 (April 29, 2015).pdf