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STATE v. MYRL & ROY'S PAVING, INC.

No. 22925.

686 N.W.2d 651 (2004)

2004 SD 98

STATE of South Dakota, Plaintiff and Appellee, v. MYRL & ROY'S PAVING, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 25, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, SD, for plaintiff and appellee.

Ronald G. Schmidt of Schmidt, Schroyer & Moreno, Rapid City, SD, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] After a driver was stopped and charged for operating an overweight vehicle in violation of various provisions of SDCL Chapter 32-22, the State brought charges against Myrl & Roy's Paving, Inc. (Myrl & Roy's) as owner of the vehicle. A magistrate found Myrl & Roy's guilty on five counts of violating SDCL 32-22-16 and one count of violating SDCL 32-22-52. The magistrate further imposed a civil penalty pursuant to SDCL...

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