State of Rhode Island v. Yural Mckie, C.A. No. M09-0041

Appeals Panel
08/12/2009

State of Rhode Island v. Yural Mckie, C.A. No. M09-0041 Radar Calibration

Defendant appealed the decision of the Pawtucket Municipal Court sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The defendant introduced paperwork evidence that her cruise control was working properly and testified that she set her cruise control at the posted speed limit prior to being stopped. The citing officer testified that the defendant was speeding according to his radar unit and also testified that the unit had been calibrated recently. The Court held that the trial court’s decision to credit the officer’s testimony over the defendant’s was within its discretion and was not clearly erroneous. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.State of Rhode Island v. Yural Mckie, C.A. No. M09-0041.pdf

Appeals Panel
05/03/2009

State of Rhode Island v. Yural Mckie, C.A. No. M09-0041-Credibility Determinations

Credibility

Defendant appealed the decision the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Appeals Panel held that the trial court’s decision to credit the officer’s testimony over the defendant’s was within its discretion because only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the trial magistrate.

State of Rhode Island v. Yural Mckie, C.A. No. M09-0041.pdf

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