Mexican criminal procedure has undergone a significant change in the sense that contrary to general belief, one is not considered guilty until proven innocent. This change has come as a great relief to drivers, particularly from foreign countries booked in that country. If you are in Mexico driving and meet with an accident involving a death, injury or property damage, the Mexican authorities will begin a criminal investigation. You will be charged with crimes that include imprudence, a type of criminal negligence, as well as more obvious crimes such as driving under the influence. A representative from the Public Prosecutor's office, the Ministerio Publico, may reach the scene and ask you to make a statement. You are well within your legal rights for Mexico not to make a statement, but it better if you do so. You can also have someone you trust, like a friend, relative, or lawyer present with you while you are interrogated. This is also an important right to use, as it has the potential of affecting your case later on. If you are driving alone, you can name your country's Consul and ask the officer to contact the Consulate.

In case you are arrested because of an accident, you have the right to seek release on bail. The amount of the bail will be fixed as the amount necessary to pay for any fines, and damage done to the other party. Article 31 of the Penal Code says that in cases dealing with negligence or imprudence, a valid Mexican Insurance policy will provide a basis for guaranteeing the bail so that the driver may be released. But even Mexican Insurance is not enough to release the driver if he/she was driving under the influence of drugs or alcohol or in an extremely reckless fashion. In Mexico, bail is paid to a court official as police officers in no cases are allowed to accept cash, for whatever reason.

If you fail to arrive at an agreement with the officials, or there are injuries, your vehicle may be detained as long as needed to investigate the accident and to guarantee the amount of damage done to the other vehicle. All this time, you nay well feel that the accident is not your fault. In case your vehicle is detained, you may have to post a bond to get it released. If you are equipped with insurance, it can serve as the guarantee needed. If not, you may be required to buy a separate bond.

As far as penalties for manslaughter are concerned, the prison term can vary between three days and five years and applies in all cases resulting in deaths from automobile accidents. If many people are injured due to the accident and the driver responsible is intoxicated, there may be a remote chance of his release on bond like the non-drinker provided he did not try to escape. In most cases, the driver who was a little careless will be sentenced to a year or two, and the driver who was drunk, no more than two or up to five years. If your car is stolen, you should immediately inform your insurance company. They will help you in reporting to the police and in filing a complaint at the District Attorneys office. If you don't have any insurance, you will have to do everything on your own.


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