Evidence

The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-16-2 (manner of turning at intersection). The Defendant argued that the trial magistrate abused his discretion by choosing to credit the Trooper’s testimony and by refusing to consider photographs of the intersection where the violation occurred and an additional document titled “My Story” attached to her appeals packet. The Panel held that it may not assess the Trooper’s testimony on appeal because the Panel members did not have an opportunity to view the Trooper’s live testimony. The Panel also held that the trial magistrate did not abuse his discretion by failing to admit the photographs because the record reflected that the Defendant failed to testify that the photographs were a fair and accurate representation of facts personally observed. Finally, the Panel held that it would be impermissible to consider the Defendant’s document titled “My Story” because the evidence was not put before the trial magistrate and was not part of the record for his decision. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the charged violation.

State of Rhode Island v. Monica Davis, C.A. T08-0054 (May 28, 2008).pdf