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STATE OF SOUTH DAKOTA
Plaintiff and Appellee,
v.
ANTHONY K. KRAHWINKEL

Defendant and Appellant,

[2002 SD 160]
South Dakota Supreme Court
Appeal from the Circuit Court of
The Fourth Judicial Circuit
Meade County, South Dakota

Hon. Jerome A. Eckrich III, Judge


MARK BARNETT
Attorney General
JASON A. GLODT
Assistant Attorney General
Pierre, South Dakota
Attorneys for plaintiff and appellee.

RONALD G. SCHMIDT
Rapid City, South Dakota
Attorney for defendant and appellant.

Considered on Briefs November 18, 2002
Opinion Filed 12/23/2002

#22335
KONENKAMP, Justice

[¶ 1.] Anthony Krahwinkel was convicted of violating South Dakota’s overweight motor vehicle statutes and was assessed double civil penalties. He appeals on several issues, challenging the constitutionality and applicability of the provisions of SDCL ch 32-22. He also appeals his conviction for violating SDCL 32-22-57.1, by having a lift axle pressure control device located inside the cab of his vehicle. We affirm.

Background
[¶ 2.] On February 12, 2000, Anthony Krahwinkel was driving a 1994 Mack truck-tractor registered in Montana in combination with a Sieb trailer registered in Wyoming. The trailer was loaded with a Kamatsk excavator. Soon after pulling off U.S. 14A onto Interstate 90, Krahwinkel was stopped by Motor Carrier Enforcement Officer Larry Bryant near milepost 31 in Meade County. Officer Bryant directed Krahwinkel to proceed to the Sturgis Department of Transportation to weigh the tractor-trailer combination, using portable Haenni wheel load scales.
[¶ 3.] Before the weighing, the scales had been properly tested and certified. Krahwinkel’s tractor

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