RI District Court and Traffic Tribunal Case Law

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Town of Smithfield v. Matthew Connole, C.A. No. T14-0014 Credibility

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-20-09 (obedience to stop sign). Defendant claimed that he came to a complete stop at the stop sign before turning a corner, and that the trial magistrate’s ruling was clearly erroneous because he credited the testimony of the officer over his own.  However, the Appeals Panel held that only the finder of fact may asses the credibility of witnesses. Here, the trial magistrate chose to believe the officer’s testimony that he had an unobstructed and clear view of defendant when he slowed down but did not come to a complete stop.  Accordingly, the Appeals Panel sustained the violation.

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