Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to chemical test). The Court held that, the trial magistrate’s findings turned on a credibility determination and it would be impermissible for the Appeals Panel to second guess the trial judge’s “impressions as he… observe[d] [the officer’s and the doctor’s testimony][,] listened to [their] testimony [and]…determine[d]…what to  accept and what to disregard[,]…what…[to] believe[] and disbelieve[].” Environmental Scientific Corp. v. Durfee, 621 A.2d 200, 206 (R.I. 1993). Since the defendant presented no new evidence besides that presented at trial to support his argument that he did not knowingly and voluntarily refuse to submit to the chemical test, the Court found no error of law by the trial court and sustained the violation.