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STATE v. LEMAR, INC.

151 N.J. Super. 60 (1977)

376 A.2d 557

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEMAR, INC., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Mr. Philip C. Geibel, attorney for appellants.

Mr. Joseph C. Woodcock, Jr., Bergen County Prosecutor, attorney for respondent (Mr. Timothy N. Tuttle, Assistant Prosecutor, on the brief).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

This appeal concerns weight overloads in trucks. It is submitted on stipulated facts unnecessary here to recite because the issue is wholly a matter of law. The single, narrow and dispositive question is whether the 5% excess allowed beyond weight limitations before an arrest may be made for overloading (N.J.S.A. 39:3-84.3) is also a "poundage allowance" when it comes to a matter of the fine, an inquiry not heretofore resolved by the appellate courts...

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