Monday, February 22, 2010

Alcohol and Energy Drinks - A Troubling Mix

Energy drinks have become overwhelmingly popular over the last decade. Leading brands include Red Bull, Monster, Rockstar, Amp, and Full Throttle. Promising to stimulate the senses and provide drinkers with the energy they need to get through the day, energy drinks are known to contain high levels of sugar and caffeine. Although this may appeal to those in need of a daily boost in energy, the consequences of consuming large amounts of these drinks may also be very dangerous. Even more alarming is the recent trend of mixing energy drinks with alcoholic beverages. While everyone understands that excessive amounts of alcohol may be dangerous, you may not realize that drinking cocktails that contain energy drinks may prove fatal.

The Problem with Mixing

One of the major problems in mixing energy drinks with alcoholic beverages is that the caffeine present in most energy drinks dulls the effects of alcohol, causing a person to feel less impaired than they may actually be. This may have serious consequences if drinkers believe that they are sober enough to have another drink or two, or sober enough to get behind the wheel, leading to DUI charges and potentially serious injuries.

Although the Food and Drug Administration has yet to investigate the true nature of energy drinks, an increasing number of DUI cases related to the consumption of energy drink/alcohol cocktails should grab their attention. If you or a loved one has been charged with a DUI and believe that you were unable to recognize your intoxication level due to the mixture of energy drinks and alcohol, the bar or energy drink manufacturer may be responsible for your charges. The inability to recognize your intoxication level as a result of consuming mixed drinks puts you at serious danger of making bad decisions, such as driving while intoxicated.

A Lawyer Can Help

If you believe that the combination of caffeine, sugar, and alcohol is the reason for the DUI charges brought against you, contact a skilled criminal defense attorney immediately. A knowledgeable defense attorney will be able to effectively evaluate your case and give you professional advice on how best to proceed with legal action. A lawyer will investigate the details of your case in order to determine if a bar or energy drink manufacturer may be to blame for your inability to know just how intoxicated you were when accused of driving under the influence.




Contact a Milwaukee DUI Lawyer for more information.

Joseph Devine

lemon law Auto Home Insurance 21 auto insurance

Thursday, February 11, 2010

How To Make An Appeal

Making an appeal refers to the situation when a party makes a formal request that a higher body, in general a higher court, will review the action, procedure, or decision of a lower court, administrative agency, or other body. Typically, it is the party who loses or did not get all the compensation that it sought for, who decides to make an appeal. In addition, both parties can make an appeal of a court order on their own, if both of them are unsatisfied by the outcome of the lawsuits.

Where do I make an appeal? Generally, an appeal has to be brought solely to the next higher body in the same system. For instance, if you make an appeal of an order in a state trial court, you will have to make an appeal to the state intermediate appellate court. Then, if you or the other party lost and wish to make an appeal, you or the other party will have to take a further appeal to the state’s highest court. In some states, in order to take a further appeal to the state’s highest court, the party would require to get permission from either the intermediate court or the higher court, except if there had been a reversal or dissenting opinion. Eventually, the state’s highest court is generally the final word on matters of that state’s law.

But if you want to make an appeal from an administrative law judge or hearing officer, the process differs a bit from what it has been described before. Indeed, you need first to make the appeal to the administrative agency’s appeals board, and then to the agency head, and only then to the appropriate court.

Can I make an appeal in any cases? The answer is positive. Indeed, the basis of an appeal is either the fact that a lower court made a serious error of law or that the verdict in the trial was against the weight of the evidence. Therefore, if your situation falls in one of this category you can make appeal whatever your case. However, there are some restrictions because the standards for overturning the judgment will also highly depend on what court or body rendered the judgment and the kind of case.




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