Tyler Smith submits amicus brief in OUI case before the Maine Law Court

On behalf of the Maine Association of Criminal Defense Lawyers, Tyler Smith drafted and submitted an amicus brief to the Maine Law Court in the case of State of Maine v. Micah Day.  The issue before the Court is “[w]hether the admission of a defendant’s refusal to submit to testing for blood-alcohol content at a trial for operating under the influence (OUI) violates the Fourth Amendment, despite the holding of the Supreme Court of the United States in So. Dakota v. Neville, 459 U.S. 553, 563-64 (1983), that the Fifth Amendment does not prohibit the admission into evidence of a defendant’s refusal to submit to testing for blood-alcohol content.”

To read the complete brief, click here:  MACDL’s Amicus Brief – September 7, 2016

 

 

Tyler J. Smith

Tyler J. Smith
Partner

Tyler’s practice is devoted to appeals, civil litigation, employment law, criminal defense, and defending operating under the influence charges. Before joining the firm in 2012, Tyler was a solo practitioner in Biddeford with a practice focused on criminal defense. After graduating law school, Tyler served as a judicial law clerk with the Maine Superior Court… Read more »