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
Associate

Tyler Smith joined Libby O’Brien Kingsley & Champion as an associate in 2012. He represents clients in civil litigation, employment law, family law, and criminal law matters in state and federal courts. Tyler is also a skilled appellate advocate. He has handled over 20 appeals, has argued before the United States Court of Appeals for the… Read more »