RI District Court and Traffic Tribunal Case Law

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Town of Middletown v. Kyle DeCosta, C.A. No. M13-0020 Credibility

Defendant appealed the trial judge’s decision sustaining the charged violation of G.L. 1956 § 31-14-2(a), “Prima facie limits.”  At trial, the issuing officer testified that he observed the registration number on Defendant’s vehicle when taking radar of the defendant’s vehicle exceeding the posted speed limit.  The officer then testified that he lost sight of Defendant’s vehicle before making the stop.  On appeal, Defendant claimed that the officer misidentified his vehicle with another vehicle that was exceeding the speed limit and that the trial judge’s decision to favor the officer’s testimony over defendant’s was an abuse of discretion.  The Appeals Panel explained that it will not substitute its judgment for that of the trial judge on issues of credibility.  The Panel explained that the trial judge was satisfied with the officer’s testimony that he observed the defendant’s registration number and that he measured the defendant’s vehicle exceeding the speed limit.  Accordingly, the Panel held the sustained charge was 

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