Case Summaries
OUI (OPERATING UNDER THE INFLUENCE)
Sixty-year-old female was involved in car accident, performed the field sobriety tests and was subsequently arrested and charged with OUI 2nd offense. At trial, attorney Zirlen cross-examined the arresting officer and challenged his opinion of his client’s performance on the field sobriety tests. After trial in the Stoughton District Court, his client was found not guilty.
A 27-year-old client with his brother in the car was in a serious one car accident with both occupants transported to the hospital. Client was never given the field sobriety tests and was not offered the Breathalyzer test. Client was subsequently charged with OUI in the Wrentham District Court. The government attempted to prosecute the client with hospital medical records indicating a high blood alcohol content. Attorney Zirlen was successful in keeping the blood results out and the client was subsequently found not guilty after trial.
Local female college professor, age 35, was stopped at a routine road block on Route 9 in Wellesley, MA, and subsequently arrested for OUI 1st offense. Attorney Zirlen filed a motion to prevent the complaint from even being issued at the Dedham District Court. After a hearing on the motion, probable cause was not found and the complaint against his client was never issued.
CRIMINAL
Attorney Zirlen’s client was arrested in Newburyport, MA, after attending opening day at the Boston Red Sox. His client refused the Breathalyzer test and was arraigned in the Newburyport District Court. Attorney Zirlen tried this case, challenging the officer’s opinion of his client’s performance on the field sobriety tests. After extensive cross-examination, the judge found attorney Zirlen’s client NOT GUILTY.
Attorney Zirlen’s client was arrested for OUI in Wellesley, MA, at 2 a.m. and arraigned in the Dedham District Court. The client was given the field sobriety tests and refused the Breathalyzer test. The client had lost his driver’s license for six months for refusing the breath test. In an effort to seek a swift resolution, attorney Zirlen was able to get a trial date within five weeks of his client’s arraignment. At trial, attorney Zirlen challenged the officer’s testimony regarding his observations and opinions and after extensive cross-examination, the judge found attorney Zirlen’s client NOT GUILTY and the client was awarded his license immediately.
PERSONAL INJURY
Attorney Zirlen’s client was struck by a motor vehicle while he was in a designated crosswalk. The client sustained injuries to his back, leg and hip. Attorney Zirlen felt that this case was an automatic policy limit case and was able to convince the insurance company the same. Despite the fact that the insurance company was able to prove that attorney Zirlen’s client was under the influence of heroin, lawyer Zirlen was able to settle the claim for the maximum policy limit of $100,000.
Attorney Zirlen represented the estate of a 21-year-old male who was drinking for an extended period of time at a Framingham bar. Subsequently, the man left on his motorcycle and was killed in an accident not far from the bar. Attorney Zirlen sued the bar under the Dram Shop Statue which states that it is against the law to serve alcohol to an intoxicated person. Despite strong resistance from the insurance company, that claimed that our client’s accident was caused by his own negligence, attorney Zirlen settled the claim shortly before trial for $360,000.
An 8-year-old girl who was visiting a sibling at summer camp in Maine was petting a dog that was on a leash when she was bitten in the face requiring several stitches. Attorney Zirlen demanded settlement from the dog owner’s homeowners insurance company and obtained a settlement for $180,000.