Credibility

Defendant appealed the decision of the trial judge sustaining the charged violation of R.I.G.L. 1956 § 31-15-11 (Laned Roadway Violation).  At trial, the charging officer testified that he observed the defendant abruptly swerve out of the lane of travel and into the oncoming lane, without using a turn signal, on a two lane road separated by double yellow lines.  Defendant denied leaving her lane of travel, testifying that she turned her wheel slightly to avoid hitting a “kitty” that had run in front of her vehicle.  The trial judge chose to credit the officer’s testimony over the defendant’s and found that it provided clear and convincing evidence that the defendant failed to drive her vehicle “as nearly as practical entirely within a single lane” and did not first ascertain that her movement could be made with safety as required by the statute.  The Panel explained that it will not substitute its judgment for that of the trial judge on issues of credibility.  Accordingly, the Panel affirmed the conviction.

Town of North Kingstown vs. Dee Scanlon, C.A. No. M14-0006 (July 1, 2014).pdf