Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test) and § 31-15-3 (passing of vehicles proceeding in opposite directions). The defendant argued that he was not intoxicated and his medication caused him to appear to be intoxicated. Furthermore, the bartender where the defendant had been drinking on the night in question corroborated that he was not intoxicated. However, the Court held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial court sustaining the charges against the defendant.