Credibility

Defendant appealed a decision by a Trial Judge of the Bristol Municipal Court sustaining a charged violation of R.I.G.L. 1956 § 31-13-4 (Obedience to Devices). Defendant was cited after a police officer  witnessed Defendant proceed through an intersection while the traffic signal was red. The Trial Judge heard testimony by the citing officer and the Defendant, and then concluded that there was clear and convincing evidence to sustain the charge, finding the officer’s testimony credible. Defendant argued that the officer fabricated his testimony because the officer believed Defendant to be harboring her boyfriend, who was a fugitive. The Appeals Panel, however, noted that it “lack[ed] 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.” The Appeals Panel further noted that Defendant had not contested or cross-examined the officer on any of his testimony. Accordingly, the Appeals Panel found that there was clear and convincing evidence to sustain the charged violation, affirmed the Trial Judge’s decision, and denied Defendant’s appeal.

State of Rhode Island v. Megan Zeitler, No. M17-0013 (April 24, 2018).pdf