Credibility

Defendant appealed the decision of the trial judge sustaining the charge violation of R.I.G.L. 1956 § 31-14-2 (Prima Facie Limits).  Specifically, Defendant argued that she was not speeding and that the citing Officer was not the officer that clocked her speed.  Rather, an officer on the other side of the road clocked her speed and then called in the Officer who issued the citation and appeared at trial.  The Panel explained that the trial judge properly decided to credit the Officer’s testimony over the Defendant’s testimony because the officer testified to his observation of the Defendant, the actual speed Defendant was driving, to the calibration of the radar unit, and to his training in radar devices.  The Panel held that the trial judge’s decision was supported by substantial evidence on the whole record.  Accordingly, the Panel sustained the charged violation.

Town of Scituate v. Tayla DelVecchio, C.A. No. T12-0089 (May 22, 2013).pdf