Credibility

The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Defendant argued that the trial magistrate erred in crediting the Trooper’s testimony because the Trooper appeared “confused” and “disoriented” as he recalled the Defendant’s traffic stop. The Panel held that it would be impermissible to second-guess the trial magistrate’s decision because it did not have the opportunity to view the Trooper’s live trial testimony. The Panel further held that the trial magistrate’s decision was supported by sufficient evidence. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the charged violation.

State of Rhode Island v. Kwame Darko, C.A. T08-0117 (October 29, 2008).pdf