The People v. Niven

In a bench trial, the defendant, David Niven, was found guilty of violating chapter 95½, § 228, Ill Rev Stats 1967, in that he was driving an overweight vehicle. On appeal, defendant contends (1) that he was not weighed at the nearest available scale, as required by statute, and that he rebutted the presumption that the scale used by the police officer in weighing his truck was accurate.

The statute in question is Ill Rev Stats, 95½, § 229, which provides:

“(a) Any police officer having reason to believe that the weight of a vehicle and load is unlawful shall require the driver to stop and…