Credibility

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices). Defendant asserted that the trial judge committed reversible error in crediting the testimony of the officer over hers. The Court held that questions of credibility rest solely with the fact finder and the trial judge’s decision to credit the officer’s testimony that the defendant’s vehicle clearly passed through the traffic light when it was red was not clearly erroneous. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.

State of Rhode Island v. Louise Marcus, C.A. No. T09-0076 (January 6, 2010).pdf