New Jersey Motion in Limine to Prevent Reference to Seat Belt Use

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Multi-State
Control #:
US-MOT-01416
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Word; 
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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

New Jersey's seat belt law requires all motor vehicle passengers in the front seats and back seats to buckle up. Belt use by the driver and all front seat passengers is a primary offense ? a police officer may stop a vehicle and issue a ticket for this violation alone.

-76.2f, -13.2a, -13.4) The exemptions are any passenger vehicle manufactured before July 1, 1966, a passenger vehicle that is not required to be equipped with seat belt systems under federal law and a physical or medical reason, verified in writing by a licensed physician, that makes the motorist or ... Buckle Up ? New Jersey's Seat Belt Law Child Care Resources of Monmouth County ? uploads ? 2015/06 ? Buckle-... Child Care Resources of Monmouth County ? uploads ? 2015/06 ? Buckle-... PDF

New Jersey's seat belt law requires all motor vehicle passengers in the front seats and back seats to buckle up. Belt use by the driver and all front seat passengers is a primary offense ? a police officer may stop a vehicle and issue a ticket for this violation alone. Buckle Up - NJ.gov New Jersey (.gov) ? Seat_Belt_100_PC_Web New Jersey (.gov) ? Seat_Belt_100_PC_Web PDF

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. California Seat Belt Laws californiacarlaws.com ? seat-belt-laws californiacarlaws.com ? seat-belt-laws

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.

Exceptions to New Jersey Seat Belt Laws Exceptions to the seat belt laws do exist. The laws do not apply to: Individuals seated in a passenger vehicle that was manufactured prior to July 1, 1966. Individuals seated in a passenger vehicle manufactured with limited safety seat belt systems, such as a bus.

?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.

In some cases, emergency personnel and public employees are exempt. Persons who have a medical disability may also be exempt; they must carry a letter from their doctor. California Seat Belt Law FAQ - Personal Injury San Diego personalinjurysandiego.org ? auto-accidents ? cali... personalinjurysandiego.org ? auto-accidents ? cali...

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New Jersey Motion in Limine to Prevent Reference to Seat Belt Use