RI District Court and Traffic Tribunal Case Law

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Kristin Pierson v. RITT, A.A. No. 07-65 Credibility

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant contented that the trooper’s radar unit had clocked the speed of a different vehicle because of the heavy traffic on the road that day. The trooper was adamant that he clocked the speed of defendant’s vehicle and had calibrated his radar gun before his shift. The Court held that the trial court’s decision to credit the trooper’s testimony over the defendant’s was within its discretion because only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.

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