Here's the response I would make.
"Evidence of lack of seatbelt use at any time would have some tendency to help prove lack of seatbelt use on the day of the accident. It is therefore relevant and admissible under Rule 402. The time gap may reduce the probative value, but it does not eliminate all probative value."
Again, make sure your response has all three elements:
1) A clear statement of what evidence you want admitted.
2) The rule you are invoking.
3) A brief argument or explanation focusing on the critical language in the rule.
How should the judge rule? Click here .