Archive for December, 2007

Mexico - What to Expect if I Get Into An Auto Accident

Thursday, December 13th, 2007

Must Have Documents

Without the right paperwork and documents, an auto accident can create a never-ending nightmare that can cost a lot of money and involve a lot of red tape. This is why it is important to have the following documents with you in Mexico.

1. Mexican Auto Insurance Policy: It is important to possess Mexican Auto Insurance that has come from a company that the Mexican government acknowledges. Additionally, the provider should include the credit card receipt, accident directions, and contact details about how to notify the insurer. Recognized Internet websites such as MexicanInsuranceStore.com provide excellent instructions with purchase.

2. A valid driver’s license. Your current license should have your photo, address, and should match the name on the title or registration of your vehicle that you are carrying with you.

3. Vehicle Title or Registration Receipt: You name should be on the title or registration. The insurance policy may also show the owner by name and the principal driver of the vehicle. Keep in mind that unregistered cars or automobiles with expired tags may have their transportation taken away.

4. Proof of Citizenship: Starting in 2009, having a passport is a must, but you must also have your driver’s license, birth certificate, passport, or notarized proof of citizenship in your possession.

5. Permission Letter From Bank or Lien Holder: If you do not own the car, and you will be traveling beyond the border zone, (Approx. 70 miles from the border) you must have a letter of permission from the bank or lien holder for financed cars, rental cars, leased cars, or company cars (on company stationary).

6. A credit card. You should have the card in your name.

7. Vehicle Permit: If traveling beyond the border zone, you must obtain a temporary import permit, and display it on your windshield while in Mexico.

8. Affidavit of Vehicle Return to Country of Origin: If traveling beyond the border areas, you must sign an affidavit promising to return your vehicle back to the United States, and pay a refundable deposit.

If an Accident Should Occur

In an event of an accident be prepared to do the following:

1. Avoid moving your vehicle until the Mexican law enforcement arrives.

2. Get in touch with your medical emergency support provider if needed.

3. Speak to your insurance carrier.

4. Stay with your vehicle until you meet up with the insurance adjuster.

4. Fill out the accident report.

5. Complete and sign a parts inventory form before having your car towed.

After The Accident

Following the accident, you will need to obtain the following documents for insurance claims:

1. Police Report: A Copy of the original report filed by the Mexican Authorities.

2. Medical Report: The company will supply a form that needs the signature of the licensed physician who was responsible for delivering medical attention.

3. Any medical bills. These may have been issued by the hospital, physician or pharmacy for any treatment charges you incurred.

In conclusion, your Mexico motorcycle insurance insurance company should manage the issues related to your accident. You yourself should not agree to anything or sign anything with any third party involved unless your insurance company has seen and agreed to it first.

Let your insurance company guide you through the claims process. They will inform you if there are any liabilities that you have must make restitution for.

Been Arrested Or Convicted? How To Honestly And Legally Say No When The Answer Is Yes

Saturday, December 1st, 2007

An arrest or conviction can have profound consequences.  Aside from any social stigma associated with being arrested or convicted of a crime or offense, you may not be able to get employment or obtain credit.  For those you who have been convicted or a crime or offense there is hope.  Hope comes is the form of an expungement.

What exactly is an expungement?
An expungement is the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.

Who is eligible for an expungement?
The overwhelming majority of the persons reading this article who be entitled to an expungement if the had the misfortune of being arrested or being convicted of a crime or offense. Those persons who have been convicted for the crimes of homicide. Kidnaping, luring or enticiing, aggravate sexual assault, aggravated criminal sexual contact, criminal restraint, false imprisonment, arson, endangering the welfare of a chile, perjury, and false swearing shall not be entitled to have their convictions expunged.  Furthermore, arrests and convictions associated with motor vehicle violations are not eligible to be expunged.  Otherwise unless you have had multiple convictions for disorderly or petty disorderly offenses or committed a crime involving a public office you are entitled to an expungement.

How long must I wait to apply for an expungement?
The waiting period to petition the court for an expungement varies.  If you have been arrested and the charge shave been dismissed or you have been acquitted there is no waiting period.  In effect you can petition the court immediately.

Any person convicted of a disorderly persons or petty disorderly persons offense may petition the court for an expungement 5 years after the date of conviction.

Any person convicted of violating a municipal ordinance may petition the court  for an expungement 2 years from the date of conviction.

Any person convicted of an indictable offense except those excluded and referenced above shall be permitted to petition the court for an expungement 10 years from the date of conviction, payment of fine, release from incarceration or end of probation or parole whichever is later.

How can I petition the Court for an expungement?
While there is no legal requirement to utilize the services of an attorney, the hiring of an attorney to assist you is strongly encouraged.  There are a number of legal and technical requirements that must be meet to ensure that your application is granted.  A lawyer who specializes in these matters will know what papers to file and to whom to send copies.

Conclusion:
In conclusion there is legal procedure in place and available to legally permit you to  say that you have never been arrested or convicted.  Wouldn’t it be a wonderful thing to tell a potential employer that you have never been arrested.  Likewise when applying for credit, a criminal history will invariably have a negative impact.  Don’t let your past impact your future.

This article is not intended as a substitute for a consultation with a lawyer.  It is intended for general advice and informational purposes only.  If you have further questions and would like to speak to an NJ Criminal Defense Attorney you may contact Shapiro & Sternlieb, LLC at 732-617-8050 or the local bar association.