Alabama Motion in Limine to Prevent Reference to Seat Belt Use
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How to fill out Motion In Limine To Prevent Reference To Seat Belt Use?
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FAQ
The Highway Safety Code (HSC) is clear: wearing a seat belt correctly is mandatory.
Typically, in a motion in limine (Latin for "at the start" or "on the threshold"), a party seeks to exclude prejudicial or irrelevant evidence from a jury trial. However, a party also may use a motion in limine to obtain an advance ruling on whether the court will admit specified evidence at trial.
For those who never wear a seat belt, the most commonly cited reason (65 percent) is that seat belts are uncomfortable. Other reasons people gave for not wearing their seat belts include the following: Being in a hurry and not having time to buckle up. Light traffic on the roads when respondent drives.
Your motion in limine should be broken into two sections: (1) Factual Background and (2) Argument. The ?Factual Background? section of your Memorandum should include all of the facts necessary for the judge to resolve every issue raised in your motion. appropriate, include procedural posture, as well.
Worn properly, seat belts are designed to spread crash forces across the stronger bony parts of the body, including the shoulder, rib cage and pelvis. Seat belts also prevent occupants from being ejected from the vehicle, an event associated with high risk of injury and death.
?I'm afraid of getting stuck in a crashed car.? Without a seat belt, you're more likely to be killed or knocked unconscious and unable to get out of the car at all. ?I'm too large to wear a seat belt. It doesn't fit.? Seat belt extenders can usually resolve this issue.
Young adults (age 18-24) are less likely to wear seat belts than those in older age groups.
These arguments are: (1) The belt can cause injuries; (2) the belt constitutes an obstacle to maneuvering the vehicle easily and smoothly; (3) it is dangerous to sit fastened in a car if it should catch fire or sink into a lake; (4) in case of a collision it is better to be thrown out of the car than to be belted-in; ( ...