Appeals Panel
07/13/2009
State of Rhode Island v. Frantz Louizia, C.A. No. T09-0054 Credibility
Credibility
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The defendant introduced paperwork evidence from his GPS indicating that he was not speeding at the time he was stopped by the citing officer. The citing officer testified that the defendant was speeding according to his radar unit and also testified that the unit had been properly calibrated. The Court held that the trial court’s decision to credit the officer’s testimony over the defendant’s was within its discretion because only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court sustained the violation against the defendant.
State of Rhode Island v. Frantz Louizia, C.A. No. T09-0054 (July 13, 2009).pdf
Appeals Panel
07/13/2009
State of Rhode Island v. Frantz Louizia, C.A. No. T09-0054 Radar Calibration
Radar/Laser Calibration
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The defendant introduced paperwork evidence from his GPS indicating that he was not speeding at the time he was stopped by the citing officer. The citing officer testified that defendant was speeding according to his radar, that the unit had been properly calibrated, and that he was trained in the use of radar units in 2005. The Court held that the officer’s testimony satisfied the requirements set forth in State v. Sprague, 322 A.2d 36 (R.I. 1974), that the efficiency of the radar unit be tested within a reasonable amount of time and that the officer testify to his training and experience with a radar unit. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.
State of Rhode Island v. Frantz Louizia, C.A. No. T09-0054 (July 13, 2009).pdf