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PEOPLE v. GENTNER, INC.

Docket No. 249559.

686 N.W.2d 752 (2004)

262 Mich.App. 363

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. GENTNER, INCORPORATED, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 10, 2004, at 9:05 a.m.

Released for Publication August 18, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Henry C. Zavislak, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

Law Offices of Sullivan and Leavitt, P.C. (by Michael J. Leavitt), Northville, for the defendant.

Before: HOEKSTRA, P.J., and O'CONNELL and DONOFRIO, JJ.

DONOFRIO, J.

Plaintiff appeals by leave granted a circuit court order reversing the district court's finding that defendant was responsible for the civil infraction of overweight vehicle, MCL 257.722(1)(b), dismissing the complaint, and ordering that all fines and costs be refunded to defendant. Because we find that the "reason to believe" requirement of MCL 257.724(1) is not an element that must be proven in a prosecution for the civil infraction of overweight vehicle...

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