State v. Elder

Christley, Presiding Judge.

This is an accelerated calendar case.

This is an appeal from the Chardon Municipal Court. On May 17, 1988, appellant, James Elder, who was driving a semi-truck tractor, was stopped in the village of Chardon by Sergeant Thomas T. Dewey. Sergeant Dewey had observed that appellant’s truckload appeared to be considerably higher than the sideboards of the truck, which is an indication of overload.

Sergeant Dewey also observed, by checking his speedometer, that appellant was going sixty-two m.p.h. in a fifty-five m.p.h. zone.

After stopping appellant, Sergeant Dewey asked…