Virginia 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

Accidents that cause injury might also be prevented when the driver or passenger is wearing a seatbelt. Prevention of bodily harm has become paramount when driving. Many accidents cause fatalities and serious damage to the person when seatbelts are not worn.

Motions in limine should be carefully drafted to make clear precisely what evidence should be excluded and to explain with as much clarity as possible why the inadmissible evidence is so damaging that its mere mention would be unfairly prejudicial.

In many cases, the fibers of the seat belt can cause harm to the chest and abdominal areas. It may also cause more serious damage to the internal organs like tearing of the colon or diaphragm. In some cases the lumbar vertebrae may even be fractured or dislocated.

Examples of motions in limine would be that the attorney for the defendant may ask the judge to refuse to admit into evidence any personal information, or medical, criminal or financial records, using the legal grounds that these records are irrelevant, immaterial, unreliable, or unduly prejudicial, and/or that their ...

Other reasons people gave for not wearing their seat belts include the following: Being in a hurry and not having time to buckle up. Light traffic on the roads when respondent drives. Not wanting to get clothing wrinkled.

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; ( ...

Some people have been saved from death in certain kinds of accidents only because a seat belt was not used. In those cases, the malicious nature of seat-belt laws is further revealed: such persons are subject to fines for not dying in the accident while using a so-called safety device arbitrarily chosen by politicians.

For those under 18, the seat belt law in Virginia is a primary offense. If a driver under 18 is not wearing a seat belt, they can be pulled over for that violation on its own. This also applies to any driver transporting children under 18. In this case, the driver would be fined due to negligence.

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Virginia Motion in Limine to Prevent Reference to Seat Belt Use