Credibility

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-15-3 (passing of vehicles proceeding in opposite directions). The Court held that it must defer to the trial judge’s evidentiary findings regarding determinations on the credibility of witnesses. The Court held that there was sufficient evidence to sustain the violation because the officer testified that the defendant was operating a vehicle “attempting to pass somebody, another vehicle in a no passing zone,” and that the defendant was “follow[ing] [the] vehicle more closely than [was] reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon the condition of the highway.”  Accordingly, the Court sustained the violation. 

Town of West Greenwich v. John Kornliff C.A. No.T10-0035 (July 12, 2010).pdf