Discovery

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-14-2 (Prima Facie Limits).  The Court held that it lacked the ability to weigh the credibility of the witnesses and the evidence and was confined to the record where the magistrate believed the officer’s testimony that the defendant had been speeding.  Also, the Appeals Panel held that the defendant failed to comply with the rules of procedure regarding discovery; thus, he should not be allowed a second chance to present evidence.  Accordingly, the violation was sustained.

State of Rhode Island v. Abdul Afrifa, C.A. No. T11-0083 (January 17, 2012).pdf