I got a DUI, now what? Part 3 – The “McNeil Report”
When you’re charged with a DUI, it’s critical that you get all the evidence that the court will be used against you.
In this video, I’m going to cover the McNeil report. And why you want to make sure you get one as you fight your DUI case.
This video is Part 3 of an important topic, “I got a DUI, now what?”.
Click here to read Parts 1 and Part 2 of my “DUI, Now What?” articles
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1/ Context. You’re supposed to get all the evidence.- In theory, you should be getting all evidence at your 1st court appearance.
- However, the reality is that you probably won’t get all the evidence at your 1st court appearance.
- And, oftentimes, it’s what’s missing from that evidence that may make the difference between winning and losing your DUI case.
2/ Ask for a McNeil report. Here’s why.- One key piece of evidence that you will want to get is the McNeil report.
- A McNeil report is a summary of any officer misconduct.
- The Crown will want to see this McNeil report because it may impact the DUI case against you.
- Here’s why. Our criminal system requires the government to prove the DUI case against you beyond any reasonable doubt.
- To prove their DUI case, the Crown will rely on witnesses, including police officers.
- If, for example, a police officer has a history of serious misconduct in the past, that would potentially impact the Police officer’s credibility, which could undermine the Crown’s DUI case against you.
- You would want to know that information that could form a key part of your defence strategy.
3/ Here’s the history of the McNeil report.- The McNeil report comes from a Supreme Court case from 2009.
- In this Supreme Court case, Lawrence McNeil was found guilty of drug trafficking. After Mr. McNiel was convicted, it was discovered that one of the police officers (that was a key witness in the case) was found to have had a history of prior drug-related offences.
- Based on the history of that police officer, the Supreme Court overturned the conviction.
- And, the Supreme Court ruled that the police must inform the Crown if there has been previous misconduct against them that could “reasonably impact” the case against someone that has been charged.
- One key piece of evidence that you will want to get is the McNeil report.
- A McNeil report is a summary of any officer misconduct.
- The Crown will want to see this McNeil report because it may impact the DUI case against you.
- Here’s why. Our criminal system requires the government to prove the DUI case against you beyond any reasonable doubt.
- To prove their DUI case, the Crown will rely on witnesses, including police officers.
- If, for example, a police officer has a history of serious misconduct in the past, that would potentially impact the Police officer’s credibility, which could undermine the Crown’s DUI case against you.
- You would want to know that information that could form a key part of your defence strategy.
3/ Here’s the history of the McNeil report.- The McNeil report comes from a Supreme Court case from 2009.
- In this Supreme Court case, Lawrence McNeil was found guilty of drug trafficking. After Mr. McNiel was convicted, it was discovered that one of the police officers (that was a key witness in the case) was found to have had a history of prior drug-related offences.
- Based on the history of that police officer, the Supreme Court overturned the conviction.
- And, the Supreme Court ruled that the police must inform the Crown if there has been previous misconduct against them that could “reasonably impact” the case against someone that has been charged.
Bottom line. In your DUI case, make sure you ask for a McNeil report.
What is the McNeil Report in the context of a DUI charge in Ontario?
The McNeil Report is a report released by the Ontario government that recommends changes to the province's impaired driving laws. This report provides important insight into the legal landscape surrounding DUI cases in Ontario, and is often cited by DUI lawyers and other legal experts when advising their clients on the best course of action in these types of cases.
How can the McNeil Report impact my DUI case in Ontario?
The McNeil Report can have a significant impact on your DUI case in Ontario by providing important information about the legal landscape and the likelihood of different outcomes in these types of cases. By understanding the recommendations made in the report, you can better prepare for your DUI case and increase your chances of a successful outcome.
