Appeals Panel
01/28/2014
City of Providence v. Aysia Rivers, C.A. No. T13-0042 Credibility
Credibility
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-15-5 (overtaking on the right). Defendant claimed that the trial judge erred in crediting the testimony of the officer and other driver over her own. The Court held that it lacked the authority to determine the credibility of witnesses. Accordingly, the Court sustained the violation.
City of Providence v. Aysia Rivers, C.A. No. T13-0042 (January 28, 2014).pdf
Appeals Panel
01/28/2014
City of Providence v. Aysia Rivers, C.A. No. T13-0042 Due Process
Overtaking on Right
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-15-5 (overtaking on the right). Defendant claimed that the court improperly allowed the officer to testify as an expert witness because the officer had not been trained as an accident reconstructionist. The Court held that the trial judge made clear that the officer was not qualified as an expert witness and did not allow him to testify as such. Further, the officer did not testify as an expert witness because he testified only to his observations of the accident scene, including the location of the vehicles, and the reasonable inferences that he drew from his observations. Accordingly, the Court sustained the violation.
City of Providence v. Aysia Rivers, C.A. No. T13-0042 (January 28, 2014).pdf