District Court
01/28/2014
George Fayad v. State of Rhode Island A.A. No. 13-103-Credibility Determinations
Credibility Determinations
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The defendant argued that the arresting officer’s testimony establishing three events occurring at 1:38a.m. rendered the officer’s testimony incredible. The Court held that the trier of fact is entitled to make decisions regarding the credibility of witnesses. As such the magistrate’s decision to credit the officer’s testimony was not clearly erroneous. The Court affirmed the Appeals Panel decision and held these facts provided reasonable grounds to administer a field sobriety test.
George Fayad v. State of Rhode Island A.A. No. 13-103.pdf
District Court
01/28/2014
George Fayad v. State of Rhode Island, A.A. No. 13-103-Reasonable Grounds/Probable Cause
Reasonable Grounds/Probable Cause
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The defendant challenged whether the officer had reasonable grounds to ask him to submit to a chemical test. The arresting officer testified that the defendant had admitted to the consumption of alcohol, had watery eyes, slurred speech, and failed two field sobriety tests. Accordingly, the Court affirmed the Appeals Panel’s decision and held that these facts provided reasonable grounds to believe that the defendant had operated a vehicle under the influence.
George Fayad v. State of Rhode Island A.A. No. 13-103.pdf