Colorado Motion in Limine to Prevent Reference to Seat Belt Use

State:
Multi-State
Control #:
US-MOT-01416
Format:
Word; 
Rich Text
Instant download

Description

This form is a model Motion In Limine to Prevent Reference to Seat Belt Use. It may be possible to exclude testimony on seatbelt use or lack thereof in an auto accident case. This motion allows the judge to rule on the issue prior to the jury being present.
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FAQ

If the car were to abruptly stop and the seat belts were not being worn, then the passengers in motion would continue in motion. Assuming a negligible amount of friction between the passengers and the seats, the passengers would likely be propelled from the car and be hurled into the air.

All occupants must wear a properly adjusted and fastened seatbelt (primary enforcement). All occupants younger than 18 must be properly restrained regardless of the occupant's location in the vehicle (primary enforcement).

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.

Idaho, North Dakota, Pennsylvania, Vermont and Virginia's law is Secondary for adults but Primary for under 18. Kansas, Maryland, and New Jersey, law is Secondary Enforcement for rear seat occupants (18+ in Kansas). These states assess points on one's driving record for the seat belt violation.

Colorado Seat Belt Laws for Adults Not wearing a seat belt is a secondary offense. This means that you will not get a ticket for not wearing your seat belt unless you are pulled over for a separate issue. The minimum fine for a seat belt violation is $65.

Under Colorado's seat belt law, individuals in vehicles manufactured before 1968 without seat belts are exempt from the seat belt requirement. Furthermore, individuals with verifiable physical or mental disabilities that impede the use of seat belts are also exempt from this law.

Violating the seat belt law is a secondary offense, meaning that drivers may not be cited for failure to wear a seat belt unless stopped by a law enforcement officer for an alleged violation of another law.

Children ? Colorado's Child Passenger Safety law is a primary enforcement, meaning the driver can be stopped and ticketed if an officer sees an unrestrained or improperly restrained child under age 16 in the vehicle.

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Colorado Motion in Limine to Prevent Reference to Seat Belt Use