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Meeting Public Comments

Subcommittee meeting and times are as follows:
HSB 107
A bill for an act relating to the charging procedure for scheduled violations for exceeding weight limits on an axle or vehicle.
Subcommittee members: Jones-CH, Meyer, B., Nordman
Date: Wednesday, February 1, 2023
Time: 12:30 PM - 1:00 PM
Location: House Lounge
Names and comments are public records. Remaining information is considered a confidential record.
Comments Submitted:

02-01-2023
Mark Campbell []
Motor vehicle weight violations are classified as simple misdemeanors under Iowa Code 321.463(15). This normally means that a magistrate can hear those cases. However, under Iowa Code 805.8A(12)(e) if the fine exceeds $1,000.00 and the defendant demands a trial, a grand jury indictment or a trial information needs to be filed. In 1998 the Iowa Constitution was modified to give magistrates the authority to try all cases regardless of the fine. I suspect that when the Constitution was amended Iowa Code 805.8A(12)(e) got overlooked. Doing away with the requirement to file a grand jury indictment or a trial information when motor vehicle weight cases are tried would reduce the work having to be done by the county attorney and would eliminate the need to have a district court judge or an associate district court judge hear the case.This bill would save time and money for both the county attorneys who would no longer need to file trial informations the judicial branch which would no longer need to assign the case to a district court judge or to a district associate judge.