RI District Court and Traffic Tribunal Case Law

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City of Pawtucket v. Mary E. Woll II, C.A. No. M14-0027 (January 22, 2016)

The Defendant appealed the Pawtucket Municipal Court’s decision sustaining the charged violation of G.L. 1956 §31-28-7(f) (motor vehicle plates for persons with disabilities).  The police officer who issued the ticket testified that the Defendant’s car was parked in a marked handicapped parking space, while the Defendant testified that her car was not operable when the violation occurred and could not have been parked in that space.  The trial judge decided after hearing and reviewing all the evidence that the Officer was credible and the Appellant’s car was in fact parked in a handicapped parking space.  The Panel noted that it “lacks the authority to assess witness credibility or to substitute its judgment for that of the hearing judge concerning the weight of the evidence on questions of fact.”  Link v. State, 633 A.2d 1345, 1348 (R.I. 1993) (citations omitted).  The Panel found that the trial judge’s decision was supported by reliable, probative, and substantial evidence and that there was no error of law.  The appeal was denied.

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