Credibility

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits).  The Appeals Panel held that it did not have an opportunity to view the live trial testimony of the officer and it would be impermissible to second-guess the trial magistrate’s impressions because it lacked the authority to asses the credibility of witnesses.  Accordingly, the Court sustained the violation.

State of Rhode Island v. Kevin Silva, C.A. No. T11-0042 (August 5, 2011).pdf