RI District Court and Traffic Tribunal Case Law

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Town of Johnston v. Amalia Blinkhorn, C.A. No. M11-0029 (May 3, 2012) Credibility

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices). The defendant argued that the trial judge was clearly erroneous in finding that the defendant went through a red light causing an accident.  The Panel explained that the trier of fact is entitled to determine the credibility of witnesses.  Here, the trial judge found that Defendant’s testimony “didn’t make sense” and was “completely inconsistent” with both the testimony of an impartial witness and the driver of the other vehicle involved in the accident.  The Panel held that the trial judge did not abuse his discretion in crediting the testimony of the other witnesses over the Defendant’s testimony.  Accordingly, the Panel sustained the charged violation.

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