People v. Central Transport, Inc.

Central Transport, Inc., was convicted in district court of violating § 11.2 (overweight trucks) of plaintiffs traffic code ordinance. Central Transport, Inc. (hereafter defendant) appealed to circuit court, which reversed. The basis of reversal was that scienter was a necessary element of the offense charged and scienter had not been proved. Plaintiff appeals.

The sole issue on appeal is whether scienter is an element of the offense of which defendant was convicted.

The provisions of the ordinance parallel MCLA 257.716(a) and 257.724(c); MSA 9.2416(a) and 9.2424(c). Like MCLA 257.716(a); MSA…