Houston Texas Motion in Liming to Prevent Reference to Seat Belt Use is a legal document filed by a party involved in a civil or criminal case in Houston, Texas, with the aim of excluding any mention or evidence related to seat belt use during the proceedings. This motion seeks to prevent the opposing party from referring to the non-use or improper use of seat belts by the involved parties or witnesses as evidence against them. Seat belts are crucial safety devices designed to protect occupants in vehicles during accidents or collisions. However, the Houston Texas Motion in Liming to Prevent Reference to Seat Belt Use argues that introducing seat belt use as evidence can be misleading, irrelevant, and potentially prejudicial. Here are a few types or variations of this motion: 1. General Motion in Liming: This is a standard motion filed in civil or criminal cases, requesting the court to prohibit any reference to seat belt use during the trial. It typically claims that seat belt use is not a determining factor in proving liability for an accident or establishing guilt in a criminal case. 2. Personal Injury Case Motion in Liming: In personal injury cases, where damages are sought for injuries sustained in an accident, the defense may file a motion to prevent the plaintiff's attorney from introducing evidence regarding seat belt use. The defense argues that seat belt non-use should not be used to diminish the plaintiff's claim or prove contributory negligence. 3. Wrongful Death Case Motion in Liming: Similar to personal injury cases, this motion is filed in wrongful death lawsuits to prevent the plaintiff from introducing evidence of seat belt non-use by the deceased. The defense argues that such evidence could mislead the jury, create bias against the defendant, or inaccurately determine fault for the accident. 4. Criminal Case Motion in Liming: In criminal cases, particularly those involving motor vehicle accidents or reckless driving charges, the defendant's attorney may file a motion to exclude any reference to seat belt use. The defense argues that this evidence might be irrelevant to proving the defendant's guilt and could unfairly influence the jury against their client. It is important to note that each case is unique, and the specific types of motions in liming may vary depending on the circumstances, the parties involved, and the attorney's strategy. These motions are typically supported by legal arguments, precedent cases, and relevant statutes, aiming to protect the rights of the involved parties and ensure a fair trial free from prejudicial evidence.