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
