State v. Warren

Defendant was charged with violating § 321.463, The Code, 1971, in that his vehicle was overweight on two axles. The State asserted these axles were “tandem axles” and permitted only a three percent tolerance over maximum weight; defendant contended they were a “group of axles” entitled to an eight percent tolerance.

Defendant filed a demurrer claiming the provisions of § 321.463 relating to “tandem axles” and “group of axles” were so vague, arbitrary, and uncertain in application and, enforcement as to be violative of the due process and equal protection clauses of Amendment 14, United States…