refusal test in Maine

2019See State v. Ashley, 666 A.2d 103, 107 (Me. 1995) (stating that it is well established that jury instructions need not be perfect, and the trial court has “wide discretion in formulating its 11 instructions to the jury so long as it accurately and coherently reflects the applicable law”). [¶20] Because the jury instructions are clear that the refusal instruction is inapplicable to the charge of accomplice liability in an OUI case, and because we can identify no prejudice to Perkins that resulted in an unfair trial, the court did not abuse its discretion by denying the defendant’s motion for a

2019See State v. Ashley , 666 A.2d 103 , 107 (Me. 1995) (stating that it is well established that jury instructions need not be perfect, and the trial court has "wide discretion in formulating its instructions to the jury so long as it accurately and coherently reflects the applicable law"). [¶20] Because the jury instructions are clear that the refusal instruction is inapplicable to the charge of accomplice liability in an OUI case, and because we can identify no prejudice to Perkins that resulted in an unfair trial, the court did not abuse its discretion by denying the defendant's motion for a n

2018P. 80C, we review the administrative agency's decision directly for errors of law, abuse of discretion, or findings not supported by substantial evidence in the record.” Somerset County. v. Dep’t of Corr., 2016 ME 33, ¶ 14 , 133 A.3d 1006 (alteration omitted) (quotation marks omitted); see also Abrahamson v. Sec’y of State, 584 A.2d 668, 670 (Me. 1991). [¶7] Title 29-A M.R.S. § 2521(5) mandates that the Secretary of State “shall immediately suspend the license of a person who fails to submit to and 5 complete a test.” However, pursuant to 29-A M.R.S. § 2521(3), before the consequences of refus

2018P. 80C, we review the administrative agency's decision directly for errors of law, abuse of discretion, or findings not supported by substantial evidence in the record." Somerset County v. Dep't of Corr. , 2016 ME 33 , ¶ 14, 133 A.3d 1006 (alteration omitted) (quotation marks omitted); see also Abrahamson v. Sec'y of State , 584 A.2d 668 , 670 (Me. 1991). [¶ 7] Title 29-A M.R.S. § 2521(5) mandates that the Secretary of State "shall immediately suspend the license of a person who fails to submit to and complete a test." However, pursuant to 29-A M.R.S. § 2521(3), before the consequences of refu