Credibility

The Defendant appealed the trial judge’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-14-3 (“move over” law). The Defendant argued that the trial judge erred in relying on the Trooper’s testimony to sustain the violation. Here, the Officer testified that the Defendant, despite the absence of other vehicles on the road, did not move over in compliance with the statute and drove at a rate of speed that made the Trooper’s vehicle shake. The Panel held that the trial judge did not err because he was within his discretion when he relied upon the Officer’s testimony. Accordingly, the Panel upheld the trial judge’s decision to sustain the violation.

State of Rhode Island v. Bruce G. Argo, C.A. T14-0023 (February 13, 2015).pdf