THE PEOPLE v. NIVEN

Gen. No. 54,475.

130 Ill. App.2d 463 (1970)

264 N.E.2d 823

People of the State of Illinois, Plaintiff-Appellee, v. David Niven, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

Rehearing denied November 24, 1971.


Attorney(s) appearing for the Case

James R. Madler, of Chicago, for appellant.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Robert A. Novelle, Assistant State's Attorney, of counsel), for appellee.


MR. JUSTICE MURPHY delivered the opinion of the court.

In a bench trial, the defendant, David Niven, was found guilty of violating chapter 95 1/2, § 228, Ill Rev Stats 1967, in that he was driving an overweight vehicle. On appeal, defendant contends (1) that he was not weighed at the nearest available scale, as required by statute, and that he rebutted the presumption that the scale used by the police officer in weighing his truck was accurate.

The statute...

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