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State v. Cox, ___ N.C. App. ___, 800 S.E.2d 692 (May. 2, 2017)

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Evidence > Miscellaneous Cases

In this impaired driving second-degree murder case, the trial court did not err by excluding evidence that a child victim was not properly restrained in a child seat. Although G.S. 20-127.1 provides that passengers less than 16 years old must be properly secured in a vehicle, the statute also provides that evidence of failure to wear a seatbelt is not admissible in any criminal action, subject to exceptions that do not apply in this case.