Credibility

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-1 (reasonable and prudent speeds). Defendant argued that the officer did not use a radar unit and that the charge had been dismissed along with two other charges at trial. The Court held that while two other charges had been dismissed, the record clearly indicates that the charge of violation of § 31-14-1 had not. Furthermore, only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.

State of Rhode Island v. Philipheous Foster, A.A. No. 07-135 (February 14, 2008).pdf