Credibility

Defendant appealed the decision of the trial judge sustaining the charged violation of R.I.G.L. § 31-14-2 (prima facie limits).  Defendant claimed the trial judge committed an abuse of discretion in crediting the Officer’s testimony over his own.  Additionally, Defendant argued that the charge should be dismissed because there was no signage indicating the speed limit.  The Panel noted that at trial the judge found it significant that the Defendant testified that he admitted to speeding and determined that a motorist is presumed to know the speed limit, despite a lack of signage.  The Panel held that the trial judge properly credited the Officer’s testimony, which included that the Officer had been properly trained in the use of radar, and that the radar unit had been calibrated on the day the citation was issued.  Accordingly, the Panel sustained the charged violation.

Town of North Kingstown v. Maurice Stefano, C.A. No. M12-0010 (August 16, 2012).pdf