RI District Court and Traffic Tribunal Case Law

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State of Rhode Island (Airport Police Department) v. Jose A. Rodriguez, No. T13-0047 (September 24, 2013)

State of Rhode Island (Airport Police Department) v. Jose A. Rodriguez, No. T13-0047 (September 24, 2013).pdf
Appeals Panel
09/24/2013
State of Rhode Island v. Jose A. Rodriguez, No. T13-0047 Airport Regulations

Airport Regulations

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 §31-12-12 (power of local authorities) including Rules and Regulations for Ground Transportation at T.F. Green State Airport § 2-2-2 (permitted use at airport). Defendant claimed that he had been dispatched to pick up a passenger at T.F. Green and was therefore not in violation of Section 2-2-2 (no solicitation). However, the Court held that the trial judge did not abuse his discretion where he chose to believe the testimony of the citing officer that the defendant was motioning for passengers to come to the vehicle and was parked in a location where unauthorized taxis were not permitted. Accordingly, the Appeals Panel held that only the finder of fact may assess the credibility of witnesses and affirmed the decision of the trial judge.State of Rhode Island (Airport Police Department) v. Jose A. Rodriguez, No. T13-0047 (September 24, 2013).pdf

Appeals Panel
09/24/2013
State of Rhode Island v. Jose A. Rodriguez, No. T13-0047 Credibility

Credibility

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-12-12 (power of local authorities) including Rules and Regulations for Ground Transportation at T.F. Green State Airport § 2-2-2 (no solicitation). Defendant claimed that the trial judge’s decision was clearly erroneous in crediting the testimony of the citing officer that he observed the defendant soliciting passengers over his testimony that he had been dispatched to pick up a passenger. However, the Appeals Panel held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial judge.State of Rhode Island (Airport Police Department) v. Jose A. Rodriguez, No. T13-0047 (September 24, 2013).pdf