RI District Court and Traffic Tribunal Case Law

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City of East Providence v. James Folan, C.A. No. M13-0016 Credibility

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-22-22 (safety belt use). Defendant claimed that he was wearing his seat belt and that the trial judge erred because he credited the testimony of the officer over his own. However, the Appeals Panel held that only the finder of fact may asses the credibility of witnesses. Here, the trial judge chose to believe the officer’s testimony that he had an unobstructed view, the defendant was not wearing a seat belt and that the defendant was the person operating the vehicle. Accordingly, the Court sustained the violation against the defendant.

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