Credibility

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1056 § 31-27-24 (prima facie limits).  The Appeals Panel held that it lacked the authority to assess witness credibility or to substitute its judgment for that of the hearing judge.  Accordingly, the Court held that the trial judge did not abuse his discretion and sustained the violation.

Town of Portsmouth v. John Coleman, No. T11-0038 (November 10, 2011).pdf