RI District Court and Traffic Tribunal Case Law

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Brian R. Cunha v. State of Rhode Island, A.A. No. 03-80 Credibility

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit) and R.I.G.L. 1956 § 31-20-9 (obedience to stop signs). Defendant claimed that the officer’s testimony was not credible and that, therefore, the Appeals Panel erred in failing to overturn his conviction. However, the District Court held that only the fact-finder may asses the credibility of witnesses. Accordingly, the Court held that the Appeals Panel’s decision was not clearly erroneous and sustained the violation against the defendant.

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