Michigan Motion in Limine to Prevent Reference to Seat Belt Use

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

Improperly wearing a seat belt, such as putting the strap below your arm or behind your back, is illegal. Fine amounts vary by area but generally are about $65 for a seat belt ticket. Children must ride in a car seat until they reach the height and weight capacity of the seat.

Under Michigan law, children under four years old must be properly secured in a ?child restraint system,? otherwise known as a car seat.

So, What's the Current Seat Belt Law in Michigan? It became a legal requirement to ?click it or ticket? in Michigan all the way back in 1985. Today, if you're in the front seat of a vehicle ? whether as a driver or as a passenger ? Michigan law requires you to buckle up, or risk getting a $65 ticket.

Last year, Michigan became the 39th state to approve an expanded booster-seat law. Those found in violation of the new law could face fines and fees from $65 to $165 for each unrestrained child in the vehicle. A no-back booster seat costs about $15, while a high-back seat costs $30 to $100, depending on the style.

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; ( ...

Now perhaps you will be convince of the need to wear your seat belt. Remember it's the law - the law of inertia.

Laws by state and territory State, federal district, or territoryType of lawDate of first lawMichiganPrimary EnforcementJuly 1, 1985MinnesotaPrimary EnforcementAugust 1, 1986MississippiPrimary EnforcementJuly 1, 1994MissouriSecondary Enforcement2September 28, 198553 more rows

The fine and associated costs for not wearing a seat belt is $65. Children must be in a car seat or booster seat until they are 8 years old or 4' 9" tall. Children under 4 years old must be in the back seat.

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Michigan Motion in Limine to Prevent Reference to Seat Belt Use