Credibility

Defendant appealed a decision by a Trial Judge of the Woonsocket Municipal Court sustaining a charged violation of R.I.G.L. 1956 § 31-17-5 (entering from private road or driveway). Defendant’s vehicle collided with another vehicle on a public road after Defendant had exited a private driveway. Defendant argued that the road was clear when he exited the private driveway (thus following the requirements in the statute). The Appeals Panel noted that there were two competing versions of events and that the Panel lacked the ability to substitute its opinion on witness credibility for that of the Trial Judge. Accordingly, the Appeals Panel found that the Trial Judge’s decision was supported by legally competent evidence and was not clearly erroneous. The Appeals Panel thus affirmed the Trial Judge’s decision and denied Defendant’s appeal.

State of Rhode Island v. Francis Spicola, No. M17-0017 (May 7, 2018).pdf