Credibility

Defendant appealed the decision of the trail judge sustaining the violation of R.I.G.L. 1956 § 31-15-7 (places where overtaking prohibited). Defendant introduced photos of the road into evidence to show that he crossed the double yellow line to avoid potholes which would have caused damage to his vehicle. Defendant claims that the trial judge abused his discretion by crediting the testimony of the officer over his. However, the Court held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.

State of Rhode Island v. Alaba Sobowale , C.A. No. T09-0037 (September 24, 2009).pdf