Credibility

Defendant appealed a trial judge’s decision sustaining a charged violation of G.L. 1956 § 31-3-1 (operation of unregistered vehicle) and § 31-38-3 (violation of inspection laws). Defendant was pulled over and cited for operating a vehicle that was not registered. At trial, the citing officer testified that upon checking Defendant’s registration, he discovered that the registration belonged to a different vehicle. Moreover, Defendant testified “numerous times” that his vehicle was not registered or inspected at the time of the stop.

On appeal, Defendant argued that the trial judge’s decision was clearly erroneous. Pursuant to §§ 31-3-1 and 31-38-3, “any vehicle operated on public roads must be registered . . . and pass a motor vehicle inspection.” The trial judge found the officer’s testimony to be credible and, therefore, the trial judge concluded that Defendant’s vehicle was not registered or inspected. As the Appeals Panel “lacks the authority to assess witness credibility,” the Panel deferred to the trial judge’s credibility findings. Thus, the Appeals Panel held that the trial judge’s decision was not clearly erroneous. Accordingly, the Appeals Panel affirmed the trial judge’s decision.

State of Rhode Island v. Irwin Jacobowitz, No. T18-0017 (February 25, 2019).pdf