Credibility

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-14-3 (Conditions Requiring Reduced Speed).  The Defendant argued that the trial magistrate erred in adopting the Trooper’s testimony over her own.  The Trooper testified that the Defendant drove her vehicle between his vehicle and another Trooper’s vehicle as they were positioned on the highway with their lights flashing to slow traffic in an attempt to escort a disabled vehicle to the breakdown lane.  The Defendant argued that the Trooper was confusing this violation with a separate and unrelated violation.  Specifically, the Defendant testified that there was no disabled vehicle, that she observed the Troopers slowing traffic, and that she swerved to avoid a collision with the Trooper as he was retrieving a piece of cardboard from the road.  (The Trooper testified that it was the cardboard that caused the flat tire on the disabled vehicle).  The Panel explained that it will not substitute its judgment for that of the trial court on issues of witness credibility.  The Panel noted that the trial magistrate determined the Trooper to be a credible and reliable witness and properly relied on his testimony.  Accordingly, the Panel sustained the charged violation.

State of Rhode Island v. Donna Nightingale, C.A. No. T12-0005 (March 23, 2012).pdf