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 Coutr held that the Appeals Panel lacks the authority to assess witness credibility or to substitute its judgment for that of the hearing judge concerning the weight of the evidence on questions of fact.  Accordingly, the violation was sustained. 

State of Rhode Island v. Manuel Vieira, C.A. No. T12-0033 (February 12, 2013).pdf