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State v. Pestana

July 10, 1997

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOSE PESTANA, HOLGATE, R.W. VOGEL, INC., MICHAEL FUSCHINI, TODD MUSO, MURSIER SMITH, HOE EXCAVATING, JONATHAN HORNER, ENVIRONMENTALLY CLEAN NATURALLY, DEFENDANTS-APPELLANTS.



On appeal from the Superior Court of New Jersey, Law Division, Middlesex County.

Before Judges Shebell and Dreier. The opinion of the court was delivered by Dreier, P.j.a.d.

The opinion of the court was delivered by: Dreier

The opinion of the court was delivered by

DREIER, P.J.A.D.

Defendants appeal from convictions for violations of the speeding and overweight statute applicable to construction (constructor) plated vehicles. N.J.S.A. 39:3-20b. After a conviction in the Law Division following a trial de novo on the municipal court record, defendants appeal, raising four points:

POINT I

"Constructor" Registered Vehicles Are Exempt From the Axle Weight Laws.

POINT II

The Violations Under N.J.S.A. 39:3-20 Are Quasi-Criminal And, Accordingly, Inferences Are To Be Drawn In Favor Of The Defendants/Appellants.

POINT III

The Inconsistency of the Speeding Statutes As Applied Violates Defendants' Rights to Due Process.

POINT IV

The Five Percent Tolerance Under N.J.S.A. 39:3-84.3 Applies To All Overweight Violations.

Defendants were cited for speeding and having loads in excess of their vehicles' registered weights, all in violation of the statutes applicable to construction vehicles. *fn1 The trial Judge was correct in noting that as the question was posed to him and upon the Conclusions he had drawn, determinations still remained to be made concerning the speed of one of the vehicles and the numbers of axles on others. In this respect the appeal to us as to those vehicles is interlocutory, ...


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