Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits).  The Appeals Panel held that it did not have an opportunity to view the live trial testimony of the officer and it would be impermissible to second-guess the trial magistrate’s impressions because it lacked the authority to asses the credibility of witnesses.  Accordingly, the Court sustained the violation.