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STATE v. DOWNS

No. 21951.

645 N.W.2d 238 (2002)

2002 SD 56

STATE of South Dakota, Plaintiff and Appellee, v. John DOWNS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 8, 2002.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Richard M. Williams, Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellee.

R. Scott Rhinehart, Richard Rhinehart & Associates, Sioux City, Iowa, for defendant and appellant.

PER CURIAM.

[¶ 1.] John Downs appeals from a judgment finding his vehicle overweight on his bridge between the second and seventh axles by 4900 pounds contrary to SDCL 32-22-16. He was ordered to pay a civil penalty of $1,102 and fines and costs of $136. We affirm.

FACTS

[¶ 2.] For two and one half years the State of South Dakota has operated a temporary weigh area at an unimproved rest area off I-29 just south of the Alcester exit. The...

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