District Court
06/20/2007
Kristin Pierson v. RITT, A.A. No. 07-65 Radar Calibration
Radar/Laser Calibration
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant claimed that the trooper’s radar unit was not reliable in an area of heavy traffic. However, the defendant did not raise this argument in the lower courts and, thus, could not be considered by the District Court. Accordingly, the Court sustained the violation against the defendant. Kristin Pierson v. RITT, A.A. No. 07-65 (June 20, 2007).pdf
District Court
06/20/2007
Kristin Pierson v. RITT, A.A. No. 07-65 Credibility
Credibility
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant contented that the trooper’s radar unit had clocked the speed of a different vehicle because of the heavy traffic on the road that day. The trooper was adamant that he clocked the speed of defendant’s vehicle and had calibrated his radar gun before his shift. The Court held that the trial court’s decision to credit the trooper’s testimony over the defendant’s was within its discretion because only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.Kristin Pierson v. RITT, A.A. No. 07-65 (June 20, 2007).pdf