California 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
Being buckled up during a crash helps keep you safe and secure inside your vehicle; being completely ejected from a vehicle is almost always deadly. If you don't wear your seat belt, you could be thrown into a rapidly opening frontal air bag. Such force could injure or even kill you.
Even if it is not required under law, using a seat belt is still a very good idea. If you make sure everyone in the vehicle is wearing a seat belt, you can save lives. On top of being injured, unrestrained passengers could become projectiles in a collision. This could also injure or kill others who are in the vehicle.
Further exceptions include people working as newspaper delivery or in garbage trucks, or in other occupations which require constantly entering and leaving the vehicle. In addition, California does permit people with certain medical conditions to be exempt from car seat belt laws.
A motion in limine generally seeks to preclude disputably inadmissible or highly prejudicial evidence before trial. These motions are brought before trial, outside the presence of the jury, to avoid needing to "unring the bell" should the jury be exposed to prejudicial evidence. (See See People v. Morris (1991) 53 Cal.
Generally, a motion in limine is used to exclude evidence that a party believes to be irrelevant or unfairly prejudicial. Often, motions in limine may also be dispositive in nature by seeking to exclude evidence necessary to prove a key aspect of an opponent's case.
To increase passenger safety, California Vehicle Code 27315 VC states that any person 16 years or older must wear a seat belt when either driving a vehicle; or, riding as a passenger in a vehicle.
If a passenger in your car is younger than 16 and not wearing a seatbelt, you will be given a ticket. If the passenger is over 16, you will both receive tickets.
Drivers are responsible for not only their obligation to wear a seat belt, but also for the behavior of their passengers. Therefore, they can be cited for any seat belt violation that occurs within their vehicle. A first offense for violating California's seat belt law is accompanied by a $20 fine.