Credibility Determinations

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test), R.I.G.L. 1956 § 31-3-18 (failure to display a registration plate), and R.I.G.L. 1956 § 31-47-5 (operating without insurance). The arresting officer gave detailed testimony describing the defendant failing all three field sobriety tests. Defendant’s only evidence to rebut the officer’s testimony was the testimony of a passenger with a limited view of the defendant who stated that the defendant was “doing alright” when performing the tests. The Court held that there was sufficient evidence to sustain the charge. Furthermore, 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.Samuel Livermore v. RITT, A.A. No. 06-61 (January 7, 2008).pdf