I got a DUI, now what? Part 2 – Evidence
There is 1 key thing that most people who’ve been charged with a DUI don’t know about. And this key thing may make the difference between winning and losing your DUI case.
This article is Part 2 of an important topic, “I got a DUI, now what?”.
If you haven’t read Part 1, you can read it here
The 1 key thing that you need to know has to do with the evidence that the Crown will be using against you in your DIU case.
And specifically, it’s what’s missing from the evidence that should be top of mind for you.
Here are 3 things you need to know about missing evidence.
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1/ First, the basics. You’re entitled to all the evidence. Not just some it- The law in Canada about evidence is clear.
- You’re entitled to all the evidence that will be used against you in your DUI case.
- The only way to properly fight the DUI charges against you is to get all the evidence, so you know how to fight back.
- Getting all the evidence is not an option for the Crown. It’s the law.
2/ The reality. You’re probably not getting all the evidence- When you go to your first appearance in court, the Crown will give you your evidence in a package called disclosure.
- Theoretically, that disclosure package should include all the evidence that will be used against you in your DUI case.
- However, this is the reality. This package usually includes the evidence that the Crown has but may not include ALL the evidence you need to properly fight your case.
- And oftentimes, it’s the evidence that’s missing that may make the difference between winning and losing your DUI case.
3/ Ask for all the evidence.- It’s your legal right to get all the evidence that will be used against you. So ask for it.
- For example, there is likely video evidence when you were in the police car. Or video evidence when you were in the jail cell. Ask for it.
- And there is other evidence that you should know about.
- For example, you should ask for a McNeil report which are records related to serious misconduct by the police. And if there is a history of misconduct on that report, that misconduct may have an impact on your case. And you for sure want to know about that. So ask for it.
- It is very important to speak to a lawyer about what evidence you need to get to mount a proper legal defence. Feel free to message me to set up a free and confidential discussion about your case.
- When you go to your first appearance in court, the Crown will give you your evidence in a package called disclosure.
- Theoretically, that disclosure package should include all the evidence that will be used against you in your DUI case.
- However, this is the reality. This package usually includes the evidence that the Crown has but may not include ALL the evidence you need to properly fight your case.
- And oftentimes, it’s the evidence that’s missing that may make the difference between winning and losing your DUI case.
3/ Ask for all the evidence.- It’s your legal right to get all the evidence that will be used against you. So ask for it.
- For example, there is likely video evidence when you were in the police car. Or video evidence when you were in the jail cell. Ask for it.
- And there is other evidence that you should know about.
- For example, you should ask for a McNeil report which are records related to serious misconduct by the police. And if there is a history of misconduct on that report, that misconduct may have an impact on your case. And you for sure want to know about that. So ask for it.
- It is very important to speak to a lawyer about what evidence you need to get to mount a proper legal defence. Feel free to message me to set up a free and confidential discussion about your case.
What is the significance of evidence in a DUI case?
In a DUI case, evidence plays a crucial role in determining the outcome of the case. Evidence such as breathalyzer results, blood alcohol levels, and the driver's behaviour during the arrest can be used to build a strong case for or against the defendant. Therefore, it is important to understand the evidence in a DUI case in order to effectively defend against the charges.
What kind of evidence is used in a DUI case?
In a DUI case, evidence can include breathalyzer results, blood alcohol levels, the defendant's behaviour during the arrest, and other relevant circumstances. This evidence can be used to support the prosecution's case or to build a defence for the defendant. It is important to have a thorough understanding of the evidence in a DUI case in order to make informed decisions about the best course of action to take.
