RI District Court and Traffic Tribunal Case Law

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Town of Bristol v. Melissa Malik, C.A. No. T12-0064 (January 31, 2013)

Town of Bristol v. Melissa Malik, C.A. No. T12-0064 (January 31, 2013).pdf
Appeals Panel
01/31/2013
T12-0064 Reasonable Grounds/ Probable Cause

Reasonable Grounds/Probable Cause

The Rhode Island Traffic Tribunal appeals panel affirmed the trial judge’s decision sustaining the charged violation of G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that the officer had reasonable grounds to believe that the appellant had been operating her motor vehicle while under the influence when the officer observed appellant had bloodshot and watery eyes, mumbled and slurred words, and emitted a very strong odor of alcohol. Thus, the Court affirmed the refusal charge against the defendant.

Town of Bristol v. Melissa Malik, C.A. No. T12-0064 (January 31, 2013).pdf

Appeals Panel
01/31/2013
T12-0064 Credibility

Credibility

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-20-9 (obedience to stop sign).  The Court held that it lacked 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.  Accordingly, the Court sustained the violation. 

Town of Bristol v. Melissa Malik, C.A. No. T12-0064 (January 31, 2013).pdf