1. Motions for overweight cases 2017
Cindy owens

2. 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 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 (e)
Transp Code 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.

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

4. Discovery motion or Discovery letter

5. 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 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)

6. 23 Usc 127 weight requirements & limits Overallable weight formula & texas statute

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

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

9. Permissible weight table texas department of public safety

10. defense, /Motion to dismiss - the weight enforcement officer failed to have reason to believe the vehicle was overloaded
Transp Code 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; TRD 03356; (2006) has a similar statute RC (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.

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

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

13. Motion to Quash complaint for lack of culpable mental state – permits, and if driver has a permit – try this
Transp Code (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 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 (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?