Credibility

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant argued that the trial magistrate’s decision was an abuse of discretion because he credited the testimony of the Trooper over his own testimony.  Specifically, Defendant argued that two vehicles overtook his own at the time he passed the Trooper and the Trooper’s radar might have recorded those cars and not his own.  However, the Panel held that only the finder of fact may asses the credibility of witnesses. Accordingly, the Panel held that the trial magistrate did not abuse his discretion and sustained the violation against the defendant.

State of Rhode Island v. Alessandro Rescio, C.A. No. T08-0143 (January 21, 2009).pdf