BECK, J.
On April 24, 2002, the defendant, Kevin S. Broomhead, was arrested for operating under the influence of liquor, second offense. See G. L. c. 90, § 24(1)(a)(1). In his first trial, on June 5, 2003, the jury were unable to reach a unanimous verdict. When he was tried for a second time, on August 20, 2003, the jury were again unable to come to a unanimous verdict. In his third trial, on December 18 and 19, 2003, the jury found the defendant guilty. The...
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