State v. Shouse

Foth, C.J.:

After trial to the court defendant was convicted of driving an overweight truck on the highway in violation of K.S.A. 8-1909. Based on an overload of 12,600 pounds he was fined $1,260 as prescribed by K.S.A. 8-1901. He appeals, challenging the constitutionality of the statute and the sufficiency of the state’s evidence.

His constitutional argument is that 8-1909 denies him the equal protection of the law because it exempts trucks carrying certain cargoes but not his cargo of logs. Under K.S.A. 8-1909(a)(3), the following vehicles are exempt from the statutory weight restrictions:

“[TJ…