Appeals Panel
09/01/2010
09/01/2010
T10-0010 Credibility
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to traffic control devices). The Court held that the trial judge did not abuse his discretion when he sustained the violation despite the defendant’s testimony that his car was past the stop line when the light changed to yellow. The Appeals Panel held that it lacked the authority to assess witness credibility and defered to the trial judge’s credibility finding. The Appeals Panel held that there were no errors of law and that the decision of the trial judge was not clearly erroneous in light of the reliable, probative, and substantial evidence on record. Accordingly, the Court sustained the violation.