RI District Court and Traffic Tribunal Case Law

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Joseph Perry v. RITT, A.A. No. 06-57 Credibility

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-14-2 (prima facie limits) and R.I.G.L. 1956 § 31-16-2 (manner of turning at intersection). The defendant argued that the trial magistrate abused his discretion in finding the officer’s testimony credible. However, the District Court held that only the finder of fact may assess the credibility of the witnesses. Here, the trial magistrate took into account the defendant’s speed, the officer’s qualifications in use of the radar instrument and the proper calibration of the radar instrument. Accordingly, the District Court held that the trial magistrate did not abuse his discretion and affirmed the decision sustaining the violation.

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