RI District Court and Traffic Tribunal Case Law

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Mario Andrade v. RITT, A.A. No. 04-61 (October 27, 2005)

Mario Andrade v. RITT, A.A. No. 04-61 (October 27, 2005).pdf
District Court
10/27/2005
Mario Andrade v. RITT, A.A. No. 04-61 Credibility

Credibility

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-2 (speeding). Defendant claimed that the decision of the trial judge was in error because he failed to allow the defendant to submit his copy of the ticket into evidence or give weight to his testimony that the officer took back the ticket after the defendant had signed it and increased the fine. The District Court, after stating that the trial judge was correct in holding that it was irrelevant as to when the ticket was signed, held that credibility determinations are solely within the fact-finder’s discretion. Therefore, the trial judge did not err when he choose not to give any weight to the testimony regarding what happened after the defendant was stopped. Accordingly, the Court sustained the violation against the defendant. Mario Andrade v. RITT, A.A. No. 04-61 (October 27, 2005).pdf

District Court
10/27/2005
Mario Andrade v. RITT, A.A. No. 04-61 Due Process

Due Process

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-2 (speeding). The Court held that the fact that the officer amended the charge after the defendant signed the ticket was irrelevant as to whether or not the defendant was guilty of the offense. Accordingly, the Court affirmed the decision sustaining the violation against the defendant.Mario Andrade v. RITT, A.A. No. 04-61 (October 27, 2005).pdf