subject: Attorneys in Metairie - This is How You Find The Best One's [print this page] In our fast paced society, it seems that many of us cannot abhor or cope with the idea of pain primarily due to the inconvenience it poses to us, and so the "pill-popping" culture is in full swing. We have medication for just about every single ailment known to man, and so people are quite happy to down a bottle of cough medicine or swallow some pills for whatever health complaint they are currently suffering from.
However, what many people seem to fail to appreciate or recognise is that all medication present some degree of risk or danger to the person who ingests them and as such, it is essential that we are aware of the potential risks associated with these medication. In particular, some types of medication interact with alcohol in a very adverse manner, meaning that whilst the person may have consumed a small amount of alcohol they are actually classified as legally intoxicated.
You would be amazed at the sorts of prescription medication and medication which is readily available for sale over the counter which can have this adverse effect. A long standing joke has been that attorneys in Metairie need to study pharmacy or medicine as well in order to get the best possible outcome for their clients!
As humorous an observation this maybe, there is a degree of truth in it, as any attorney worth his salt in Metairie will be quick to tell you.
Many people who face the prospect of being convicted for being legally intoxicated by virtue of their medication are usually fairly taken aback when their attorneys then offer them their services in regards to bringing an action against the manufacturer of the medication in question. Lawyers will usually offer this service where the packaging and the instructions provided with the medication does not explicitly specify that the medication interferes/interacts with alcohol.
In such a situation, the average person, who will not have the benefit of a medical degree or knowledge of how medication works, will be totally unaware of the potential consequences of consuming alcohol. Therefore, the manufacturer of the medication leaves themselves wide open for a potential lawsuit on the grounds of negligence and breach of their duty of care.
Medication is a common defence raised in DUI cases, because it gives rise to a rebuttable presumption which is placed on the prosecution's side. Specifically, once the defence raises the issue that medication may have potentially been a contributing factor in the intoxication of the accused, it falls to the prosecution to disprove that argument. Therefore, the prosecution will be required to prove that the accused knowingly consumed the medication along with the alcohol, fully aware of the risks of doing so.
Furthermore, the prosecution is also required to prove that the accused actually consumed the medication over the recommended limit, thereby meaning that they choose to have their judgment impaired as opposed to the drug doing it for them.
Be aware that the prosecution may require evidence on your behalf such as medical records.
Attorneys in Metairie - This is How You Find The Best One's
