Motions for overweight cases 2017 Cindy owens cinowens@Comcast.net

Affirmative defense, /Motion to dismiss - the weight enforcement officer failed to follow the rules in the administrative Code Title 37, part 1, chapter 4, subchapter d Rule 4.56 Transp Code 621.508 Affirmative Defense for Operativing Vehicle Over Maximum Allowable Weight : Section (b) for offenses of “overweight” that the weight enforcement officer failed to follow the weighing procedures established under Section 621.402(e) Transp Code 621.402 Weighing Loaded Vehicles (e) The Department of Public Safety : (1) shall establish by rule uniform weighing procedures to ensure accurate weight. So What and Where to find these Rules? Attachment is from Open Records Request as to what are the Rules for Weighing.

Response from Open Records Request in May 2016 and only section cited was the administrative Code for title 37, Part 1, Chapter 4, Subchapter D, Rule 4.56, Effective January 1, 2016

Discovery motion or Discovery letter

MOTION TO DISMISS – ON OVERALLABLE GROSS WEIGHT FOR LACK OF MEASURMENTS BETWEEN THE AXLES The Federal State is 23 USC 127 (1974) : W = 500 ((LN/N-1)) +12N +36) Measurement ‘L’ is the distance between the axles and without measurements the statutes are not being followed and the amount is not correct. The Texas Statute is 621.101 Weight Limitations (3) Enforcement officers sometime say that by not following formula and added the tandem axle weight that it comes out a lower weight. Texas is using a chart low that but out by Department of Motor Vehicle and that is not statutory but its easy and it still require distance between axles to be measured. Bottom of the chart is an Astrick *THESE FIGURES ONLY APPLY IF AXLE SPACING IS MORE EIGHT FEET. * (less than 8’ you should get a citation for Over Allowable Gross Weight)

23 Usc 127 weight requirements & limits Overallable weight formula & texas statute

Discovery from League City Enforcement & Motion to dismiss – Lack of measurements

Citation from League City all x and oo and [ ] Truck

Permissible weight table texas department of public safety

defense, /Motion to dismiss - the weight enforcement officer failed to have reason to believe the vehicle was overloaded Transp Code 621.402 Weighing Loaded Vehicles (a) A weight enforcement officer who has reason to believe that the single axle weight, or gross weight of a loaded motor vehicle is unlawful may: Specific statute will govern over the general and if there is nothing on the face of the citation should be dismissed and otherwise make motion at trial. State of Ohio v. Lawrence Swain , , 2006 –Ohio – 2727; 2005 TRD 03356; (2006) has a similar statute RC 557.04(d)and court ruled against Defendant as there was evidence and testimony of bulging tires, but still did an analysis of case to determine did officer have “reasonable suspicion” to think truck was overweight.

Judgment from jail docket where the magistrate dismiss over allowable weight over 10K - no Probable cause

MOTION TO Quash complaint for lack of Jurisdiction for municipal court Government Code Section 29.003

Motion to Quash complaint for lack of culpable mental state – permits, 621.502 and 621.503 if driver has a permit – try this Transp Code 621.502(3)(d) Prohibition on size and weight : Intent to operate a vehicle at a weight that is heavier than the weight authorized by a permit issued under Section 623.011 is presumed if: (1) the vehicle is operated at a weight that is heavier than the applicable weight plus the tolerance allowance provided by Section 623.011(a); and (2) a permit to operate at that weight HAS NOT BEEN issued. SO IF YOU HAVE A PERMIT State needs to prove more?