FastbackJon
Member
What is the name of your state? Washington
I would like to know the limit of the Judge in determining guilt.
Let's say the law specifically states one thing, and that thing can be used to show the defendent is not guilty. Can the judge then legally ignore that part of the law, and say the defendent is guilty anyway because he/she didn't follow the judge's made up law?
Or is it illegal for a judge to decide against the law, and to make up his/her own court room rules for the defendent to abide by?
In my case, I had a medical exemption for a seatbelt issued from out of state. I thought it would be as easy as cake to go into the courtroom and contest the ticket, based on Washington State's law (RCW 46.61.688) that says that if a person has a written letter from a licenced physician that they are unable to wear their seatbelt, then the seatbelt law does not apply to them.
Well the court clerk and the judge reviewed my exemption and the issuing physician prior to the hearing, and found that it was in fact a real place and "official". But in the hearing, the judge made up his own law and said the exemption had to be from within the state, and that he wasn't going to except my out of state exemption.
Legally, Oregon is the only state to require defendents to have in-state medical exemptions for seatbelts.
So I'm left with a $116 fine, or I could appeal his judgement (based on his own made up law) for $140.
Was the judge wrong in ignoring my valid medical exemption and deciding against me and against the law, or was that within his power to do so?
I would like to know the limit of the Judge in determining guilt.
Let's say the law specifically states one thing, and that thing can be used to show the defendent is not guilty. Can the judge then legally ignore that part of the law, and say the defendent is guilty anyway because he/she didn't follow the judge's made up law?
Or is it illegal for a judge to decide against the law, and to make up his/her own court room rules for the defendent to abide by?
In my case, I had a medical exemption for a seatbelt issued from out of state. I thought it would be as easy as cake to go into the courtroom and contest the ticket, based on Washington State's law (RCW 46.61.688) that says that if a person has a written letter from a licenced physician that they are unable to wear their seatbelt, then the seatbelt law does not apply to them.
Well the court clerk and the judge reviewed my exemption and the issuing physician prior to the hearing, and found that it was in fact a real place and "official". But in the hearing, the judge made up his own law and said the exemption had to be from within the state, and that he wasn't going to except my out of state exemption.
Legally, Oregon is the only state to require defendents to have in-state medical exemptions for seatbelts.
So I'm left with a $116 fine, or I could appeal his judgement (based on his own made up law) for $140.
Was the judge wrong in ignoring my valid medical exemption and deciding against me and against the law, or was that within his power to do so?
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