I. IMMEDIATE SAFETY MEASURES WHEN YOU ARE STOPPED
- Locks engaged on all doors immediately.
- Window halfway: Lower the window only about 5 centimeters (just enough to speak and pass documents). This prevents anyone from reaching in to open the car or take your keys.
- Phone up: Record visibly in audio and video before the officer reaches your door.
II. STREET RESPONSE SCRIPT (SPOKEN VERBATIM)
• Initial Contact:
“Good afternoon, officer/agent. I am recording this procedure in audio and video for the safety of both of us in accordance with Article Six of the Constitution. Please tell me your name, rank, and badge/record number as required by Article 205 of the regulations, and the legal reason for stopping my vehicle.”
• If they say “Turn off your phone / Recording is prohibited”:
“I’m not going to turn it off. Under Article Six of the Constitution, I have the right to document your actions because you are a public servant performing duties in a public space; your actions are of maximum transparency and are not confidential. Please continue with your procedure.”
• If they order you: “Step out of the vehicle”:
“I’m not going to step out, officer. Article 203, Section One of the current regulations expressly states that the driver and passengers must remain inside the vehicle for safety. The law does not require me to exit for a common traffic violation. I will comply with the inspection and receive the citation from my seat, handing you my documents through the window.”
• If they threaten to detain you for “Disobedience” (Article 201):
“Officer, I am not committing disobedience under Article 201. I am handing you my license and registration through the window for your review, and I will cooperate with the procedure from my seat. Recording your actions is my constitutional right and does not constitute any offense.”
• If they threaten towing, impoundment, or commit a serious abuse:
“Proceed if the regulations justify it, but my vehicle cannot be taken to the impound lot for exercising my rights or for recording. What you are doing is being documented, and this video will be filed as a complaint with Internal Affairs to sanction your position, and directly with the Public Prosecutor (or the Federal Attorney General’s Office if you are National Guard) as a criminal report for abuse of authority.”
• If they apply a Breathalyzer test:
“I will fully cooperate with the detection test from my seat in accordance with Article 93 of the regulations, but I firmly require that you show me the device at zero and open a new, fully sealed plastic mouthpiece in front of my eyes and my camera before I blow. I will not exit the vehicle based on a verbal assumption.”
III. ADAPTATION FOR FEDERAL MOTOR CARRIERS (CARGO OR PASSENGERS)
If you drive a heavy vehicle or passenger unit under federal jurisdiction, the National Guard has additional inspection obligations and you have specific rights:
• Hours of Service Logbook (Art. 83): You must carry it in printed or electronic form, properly filled out. Its absence results in a fine of 20 to 30 UMAs, but not impoundment.
• Physical-Mechanical and Brake Inspection (Art. 42): The National Guard and SICT are authorized to verify your braking system according to the corresponding NOM. You must allow the visual technical inspection.
• Cargo Transfer When the Vehicle Is Removed From Circulation (Art. 218, App. A, Sec. III): If the truck must go to the impound lot, federal regulations give you the right and obligation to keep the cargo under your control (or the owner’s) at all times, providing you the means to immediately transfer it to another unit or attach the trailer to another tractor.
IV. WHEN CAN THEY LEGALLY IMPOUND YOUR VEHICLE? (2026 REFORM)
According to the Federal Road Law and Articles 204 and 217 of the regulations, the vehicle may only be sent to the authorized impound lot if you commit:
- Lack of Insurance Policy: Not having or not carrying valid third‑party liability insurance.
- Driving Under the Influence of Alcohol or Drugs: When the driver tests positive on a certified breathalyzer administered by medical personnel.
- Complete Absence of Plates and Registration: Unless you present a police report for theft/loss (less than 15 days old) or an original processing receipt (less than 30 days old).
- Critical Excess Weight or Dimensions: When it poses an evident risk to road safety (Art. 217).
- Abandonment Due to Mechanical Failure (Art. 82): If the vehicle remains stranded on the shoulder for more than 24 consecutive hours.
V. LEGAL PROCEDURE TO CHALLENGE A TICKET
If the officer issues a citation abusively or without legal grounds, you have the right to defend yourself and not pay immediately:
• Administrative Review (Art. 216/226): You may file it in writing directly with the National Guard Coordination or at their local stations within the deadlines of the Federal Administrative Procedure Law.
• Nullity Trial (Art. 226): You may challenge the validity of the ticket before the Federal Court of Administrative Justice (TFJA).
• Suspension of the Fine (Art. 227): Filing any of these legal remedies suspends the obligation to pay the fine while the case is resolved.
VI. IMMEDIATE REPORTING PHONE NUMBERS
• National Guard (Federal): Call 088 (National Citizen Complaint Center, 24 hours). • Local Police / Traffic (Celaya): Call 461 618 7600 (Citizen Security Secretariat) or report to emergency services requesting a supervisor or Internal Affairs patrol.
ADDITIONAL LEGAL CLARIFICATION ABOUT IMPOUNDMENT
Private vehicles cannot be taken to the impound lot solely for having a broken window, a minor mechanical issue, or worn tires. The correct legal term is “removal from circulation,” and the causes are strictly limited by law to prevent extortion.
Under the 2026 reformed Federal Traffic Regulations (Articles 80, 216, and 217), and most local regulations, the National Guard or traffic police may only issue a monetary fine for these issues, but they do not have the authority to seize your vehicle except in very specific extreme situations.
Below is how the law works in practice for each case:
1. Minor Mechanical Failures (Articles 80 and 82)
• Rule: If you have a mechanical issue (e.g., a burnt‑out headlight, missing wipers, loose muffler), the authority may only issue a citation.
• Only exception for impoundment: If the mechanical failure leaves the vehicle completely stranded and abandoned on the shoulder or roadway for more than 24 consecutive hours, then it may be towed as obstruction/abandonment.
2. Worn or Bald Tires (Article 50)
• Rule: Driving with bald tires or without the mandatory spare tire results only in a monetary fine. The officer cannot impound your vehicle for this.
• Only exception: If at the moment of the stop the tire is completely flat, torn, or riding on the rim and you intend to continue driving, as this poses an imminent danger to public safety.
3. Broken or Cracked Windows
• Rule: Having a cracked windshield or a broken window (e.g., covered with plastic) is not grounds for impoundment under any Mexican regulation. At most, depending on visibility, it may result in a minor fine for “not driving in optimal conditions.”
WHAT TO SAY IF THEY THREATEN TOWING FOR THESE REASONS
If the officer tries to intimidate you by saying your car will be taken to the impound lot for having a bald tire, a burnt‑out headlight, or a cracked windshield, stay calm on camera and say:
“Officer, the regulations state that physical or mechanical defects in a private vehicle only warrant a monetary sanction or warning. You are not authorized to remove my vehicle from circulation for this reason, as it does not obstruct the road nor is it abandoned. Please issue the corresponding citation here, and I will challenge it legally.”
Source: mexicodailypost
