Conviction of Plymouth businessman on fourth offense drunk driving charges vacated and new trial to be scheduled after a determination that the jury had been contaminated

Plymouth District Court # 07-4111. On April 9, 2008, over a three day period Attorney Neyman tried a fourth offense drunk driving case in the Plymouth District Court. The prosecution alleged that on December 15, 2007 Plymouth Police Officers responded to a 911 call stating that a car was driving at night on State Road with its lights off. Responding officers made the same observation and the defendant was stopped. When questioned the defendant was unable to respond to simple commands, did not know where he was going or where he had just been. He failed three separate field sobriety tests and admitted to having consumed a considerable amount of alcohol. The trial lasted three (3) days. The jury returned on three (3) occasions to advise the Court that they were hopelessly deadlocked. Each time, the judge requested that they resume their deliberations. The defendant was convicted and sentenced. Three (3) days later our office learned that a court officer made inappropriate comments to the jury about their deliberation process. During the improper communication the jurors told the court officer that they were deadlocked at 3-3. We immediately filed a motion to vacate the conviction. Today, the prosecution agreed to our motion and the case will be retried in a few months.