Defendant appealed a decision of the Appeals Panel sustaining a violation of G.L. 1956 § 31-22-31 (mobile telephone usage by motor vehicle operators). At trial, the citing officer testified that “there was no doubt in his mind that [Defendant] had a cell phone in her hand” while she was driving. Conversely, Defendant testified that she did not use her phone while driving, and she supported her testimony with her phone’s call logs. But the trial judge concluded that Defendant failed to establish the call logs’ authenticity. Moreover, the trial judge found the police officer’s testimony to be credible, and, therefore, the trial judge found Defendant guilty. At the District Court, Defendant argued that the Appeals Panel’s decision to affirm the trial judge’s decision was clearly erroneous because the trial judge failed to afford the proper weight to Defendant’s testimony and the call logs that she presented. Both issues regard credibility determinations, and it is well established that the District Court may not substitute its “judgment for that of a trial magistrate as to the weight of the evidence on questions of fact.” The trial judge saw and heard the witnesses live, and only he could properly “evaluate their demeanor.” As such, the District court held that the Appeals Panel’s deference to the trial judge was not clearly erroneous. Accordingly, the District Court affirmed the Appeals Panel’s decision.
Merimee Christopherson v State of Rhode Island, A.A. No. 18-186 (July 11, 2019)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions