Credibility

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The defendant claimed that the trial judge was clearly erroneous in crediting the officer’s testimony over his own. However, the Court held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial court sustaining the charges against the defendant.David Rotondo v. State of Rhode Island, A.A. No. 05-128 (February 28, 2006).pdf