Credibility

Defendant appealed a decision by the Middletown Municipal Court sustaining a violation of R.I. Gen. Laws 1956 § 31-14-2 (speeding). Defendant argued that the Trial Judge should have credited his testimony over that of the citing officer in regards to the actual speed limit in the area that Defendant was stopped. The Appeals Panel, however, noted that it lacked the authority to assess witness credibility, and could not disturb the Trial Judge’s findings of credibility. Accordingly, because the Trial Judge found the citing officer’s testimony to be credible and a sufficient basis for sustaining the charged violation, the Appeals Panel denied Defendant’s appeal and sustained the charged violation.

State of Rhode Island v. Albert Steinhauer, No. M17-0009 (April 11, 2018).pdf