Minnesota 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

Primary Seat Belt Law Minnesota's seat belt law is a primary offense, meaning drivers and passengers in all seating positions ? including in the backseat ? must be buckled up or in the correct child restraint. Law enforcement will stop and ticket unbelted drivers or passengers.

Minnesota first passed a seat belt law in 1986, requiring the driver and front-seat passengers to wear a seat belt. The seat belt law was upgraded to a primary law 23 years later and went into effect on June 9, 2009.

The Minnesota ?Seat Belt Gag Rule? currently provides that evidence of the use or failure to use seat belts and child car seats is not admissible in personal injury and property damage litigation arising out of car accidents. (See Minn.

Primary enforcement seat belt laws allow law enforcement officers to stop vehicles if a driver or passenger is not wearing a seat belt. Secondary enforcement seat belt laws require law enforcement officers to have some other reason for stopping a vehicle before citing a driver or passenger for not using a seat belt.

A seat belt ticket is $25 but usually costs more than $100 with administrative fees. This law is critical to road safety; each year around 200 motorists killed are unbelted and more than 400 are seriously injured.

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).

Wisconsin law provides for a fine of $10 and no points are assigned against a person's driver record.

With the exception of New Hampshire, all states and the District of Columbia require adult front-seat occupants to use seat belts. Adult rear-seat passengers also are covered by the laws in 33 states and the District of Columbia. Children are covered by separate laws.

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Minnesota Motion in Limine to Prevent Reference to Seat Belt Use