What Is McNeil Report and its History

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 article we are going to cover the McNeil report and why you want to make sure you get one as you fight your DUI case. “Suppose I got a DUI, now, what?”

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1. Get All The Evidence

So first You’re supposed to get all the evidence. So in theory, you’re supposed to get all the evidence at your first court appearance. However, the reality is you probably won’t get all the evidence at your first court appearance. And oftentimes it’s what’s missing from that evidence that may make the difference between you winning or losing your DUI case. So make sure you get all the evidence.

2. Ask for a McNeil Report:

Here’s why. One key piece of evidence that you want to get is something called a McNeil report. The McNeil report is a summary of any officer misconduct. Now, the Crown will want to see this McNeil report because it may impact the DUI case against you. And here’s why. Our criminal system requires the government to prove the DUI case against you beyond any reasonable doubt. Now, to prove their DUI case, the crown will rely on witnesses, including the police officers that were involved in your case. If, for example, a police officer has a history of serious misconduct that would potentially impact the police officer’s credibility, which could undermine the Crown’s DUI case against you. Obviously, you’d want to get that information because that information could form a key part of your defense strategy.

3. History Of The McNeil Report

Here’s the history of the McNeil report. The McNeil report comes from a Supreme Court of Canada case that dates back to 2009. In this Supreme Court case, Lawrence McNeil was found guilty of drug trafficking. After Mr. McNeil was convicted, it was discovered that one of the police officers that was a key witness in the case was actually found to have had a history of prior drug-related offenses. And that history was never disclosed to Lawrence McNeill. Now, based on that history and the fact that it was never disclosed to Mr. McNeill, the Supreme Court overturned that conviction. And the Supreme Court was very clear. They ruled that the police must inform the crown if there has been previous misconduct against the police that could reasonably impact the DUI case against someone that has been charged. So bottom line. In your DUI case, make sure that you get what you ask for, and that you get a McNeill report. It’s very important to speak to a lawyer about when the evidence you need to get to mount a proper legal defense.

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