Credibility

Defendant appealed from the trial judge’s decision sustaining the charged violation of G.L. 1956 § 31-13-4, “Obedience to devices.”  The Defendant argued that trial judge’s decision to credit the police officer’s testimony of his own was an abuse of discretion.  Specifically, Defendant testified that the light was yellow when he went through the intersection and that he slowed his vehicle down to avoid a collision with the officer’s vehicle.  The Officer testified that the Defendant made no attempt to slow his vehicle and that the light was red when the Defendant passed through the intersection. The Panel gave deference to the trial judge’s discretion to adopt the Officer’s testimony over the Defendant’s and sustained the charged violation.

Town of Barrington v. Marcus Monroe, C.A. No. T13-0053 (February 21, 2014).pdf