That's My Story

DON’T BE A VICTIM

Originally Published in Western Outdoor News the Week of April 26, 2010

OK, so this isn’t especially about fishing, but it is about Baja. With more gringos moving; driving; vacationing; purchasing; and spending time down here in Mexico despite the scares of drugs wars, swine flu and whatnot, I thought I’d pass on the following letter to you.

The topic of traffic stops by Mexican policia has often been a hotly debated topic, especially with the concern over un-ethical police practices, I think you’ll find the following interesting as it’s a letter written by a Mexican attorney praciting in La Paz to gringos.

Check this out from Lic. Jacques-Edouard Beaulne:

Everyone has the same rights of stopped or arrested:

When arrested, you have a right to:
1. be treated physically and verbally with courtesy.
2. be explained the charge(s);
3. Refuse to let police search on your property if search warrant is not presented;
4. one phone call;
5. be represented by lawyer, private of public defender;
6. an official translator paid by the State;
7. refuse to sign any documents’
8. refuse to make any declaration;
9. be examined by a doctor before being incarcerated;
10. be visited while in jail;
11. bail if the crime accused of is minor;
12. any denunciation against arresting officer.
13. be judged as innocent until proven guilty.

When stopped by police on the highway or street:

Right to ALL of the above, plus,
1. ask the policeman to be taken to station;
2. ask for policeman’s ID.
3. refuse to pay any amount to police officer, all
4. pay city’s traffic violation only at TRANSITO office (police station);
5. pay the fine emitted by Federal police in relation to a violation to the regulations on
highway to the bank.
6. refuse inspection of the vehicle if the police does not have a search warrant.

In the event that one is stopped by a traffic policeman one must NOT be intimidated by surrounding polices with guns, whatever is the caliber.

One must ask what is the reason for been stopped, one has to present his driver’s license and registration papers. The police can detain the driver’s license and registration papers but cannot by law remove the license plate. All mentioned documents must be returned to the driver immediately after the fine is paid.

Fines are paid at the bank regarding federal fines and at the city’s central police station (Transito) when it is for a violation of the traffic regulations in the city or town.

Fines paid in within 48 of the date of emission are charged at 50% of the amount listed in the back of the ticket or on the list at the police station.

It is illegal to give to any police officer any amount of money to cover a fine, BASTA CON LA CORRUPTION ( no more corruption ) is the call from the President of the country…so please respect it.

If one does a mistake while driving that results in an infraction one must NOT contribute to corruption and be abused by police officers ONE MUST ASK FOR THE TICKET AND PAY THE FINE.

In case of harassment present to the police officer a sheet of paper on which you wrote:

Nombre / Name:
Numero de su credencial:
Typo de infracción / Type of infraccion:
Por favor llévame a su superior / Take me to your superior.

Personally, my general rule is don’t break any traffic laws to begin with. A red light in the U.S. is still a red light in Mexico. Speeding is speeding. Driving drunk is the same north and south of the border. Being on vacation with a pocket full of dollars doesn’t give you free reign to treat the place like your personal Disneyland. Every place has rules. Respect garners respect…in Mexico as in the U.S. Etc. Etc. Don’t forget you’re a guest!

Most Mexican police officers are professional and strive to perform their duties well, so don’t assume the worst and let the few bad ones taint all Mexican police officers. The ones I’ve met really take their jobs seriously and have a disdain for unethical practices. With the internet and so many message boards and websites as well as cell phones, it’s hard for the bad ones to stay anonymous any longer.

That’s our story
Jonathan

*Jonathan Roldan is the Baja Editor/Columnist for Western Outdoor News since 2004. He lives in La Paz, Baja, Mexico and is the owner/operator of Tailhunter International Fleet with his wife, Jilly, as well as the Tailhunter Restaurant and FUBAR Cantina. http://www.tailhunter-international.com He can be reached directly at riplipboy@tailhunter-international.com