Articles Posted in Driving Under the Influence

Not every celebrity Malibu DUI story is as crazy as Mel Gibson or Nick Nolte’s. john-clark-gable-DUI-los-angeles.jpg

But strange stuff seems to happen out there on PCH – often involving the most legendary icons of Tinsel Town. To wit, John Clark Gable – son of “old school” film star Clack Gable – was recently charged with DUI in Malibu and hit and run for some crazy driving he did back in April.

Gable netted two misdemeanor charges, after he slammed into six (count them – 1, 2, 3, 4, 5, 6) parked cars on PCH. Law enforcement officials believe that Gable hadn’t consumed alcohol; rather, they think he was under the influence of prescription medications when he passed out behind the wheel.

So what happened?

The story is actually more sobering – and sad – than the tabloid headlines would suggest.

The 52-year-old had been driving his Ford pickup truck while (possibly) on prescription pain medications to deal with a mountain bike related leg injury. Police tested his blood alcohol concentration after the wreck. But his BAC was significantly under the 0.08% cut-off for Southern California DUI. Police representatives also told TMZ, flat out, that they did not believe Gable had consumed alcohol.

But a more major medical problem could have caused the event – an aneurism.

Gable has a history of brain aneurisms –scary incidents in which the blood vessels in the brain balloon. He had one in 2006 and then another in 2009 — problems which required surgery to correct. Aneurisms, particularly un-ruptured ones, don’t necessarily cause fainting, although they can create tunnel vision and induce seizures due to pressure from the build up of blood.

Gable is due in court on September 30th to face charges. If convicted, he could face jail time, loss of his license, and many other punishments.

One big takeaway here is that defendants often make bad situations worse by leaving the scene, fighting with officers, or engaging in aggressive or dangerous conduct, during or after a stop.

But even if you tried to evade officers at a DUI checkpoint or racked up a hit and run charge, all is not lost. You can advocate for yourself smartly by connecting with a seasoned Los Angeles DUI defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers. Mr. Kraut is a Harvard Law School educated ex-prosecutor with decades of experience with these types of cases.

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Most Southern California DUI arrests are fairly straightforward. For instance, maybe a police officer stopped you at a checkpoint on Westwood Boulevard after a UCLA game. Or maybe you got into a fender bender on Vermont near USC and got busted after you punted your field sobriety tests.Tanabe-southern-california-DUI.jpg

But some DUI stories are intense, enigmatic… almost worthy of their own mini series.

File in that second category the story of Contra Costa County Sheriff’s Deputy Stephen Tanabe!

The 50-year-old Tanabe stands accused of seven federal charges for his role in staging three separate DUI arrests. Tanabe allegedly worked with Christopher Butler, a private investigator. Butler worked for a string of divorced women, who wanted to make their ex-husbands look bad, so that they could have stronger positions in their divorce and custody cases.

Tanabe and his friends apparently worked with Butler to encourage these unassuming ex-husbands to consume alcohol at bars and then drive. Once the men left, waiting police officers immediately pulled them over and busted them for DUI. According to Tim Pori, Tanabe’s attorney, Butler was the real “masterful manipulator” behind the scenes. Indeed, the PI may have played a role in 9 other “dirty DUI” arrests in California on top of the ones that Tanabe allegedly participated in on November 2, 2010 and January 9 and 14, 2011.

As a reward for his participation, Tanabe apparently got a pricey Glock gun and cocaine.

Butler and Norman Wielsch, an ex-drug squad commander, are both testifying for the prosecution in Tanabe’s case to get a reduced sentence. Wielsch is serving 14 years in jail, and Butler faces an eight year prison sentence for crimes ranging from staging DUIs to extorting money from employees of an “illegal massage parlor” that the two men founded.

Tanabe, for his part, faces three wire fraud charges, three counts of extortion, and one count of “conspiring to deprive others of his honest services.”

Your Southern California DUI charges: Were you framed? Was any police misconduct involved?

Most Los Angeles DUI cases are straightforward. Most police officers are honest. They work hard to keep the community safe and protect people on the roads.

This isn’t to say that police officers don’t make mistakes (ranging from big Constitutional sized mistakes to smaller errors of process and procedure) or that the technologies they use (e.g. breathalyzers, blood tests, etcetera) are foolproof. Far from it!

But odds are high that your DUI was not “dirty.”

That said, you owe it to yourself and your family to explore all Los Angeles DUI defenses. For instance, if you blew a 0.10% on the breath test – well over the legal limit, as defined by California Vehicle Code 23152 (b) – your attorney might challenge the test results by a variety of strategies, outlined in this website.

For help, look to Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers. As a Harvard Law School educated Los Angeles DUI defense lawyer who worked for 14+ years as a prosecutor, Mr. Kraut understands how to structure and execute effective defenses.

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Hopefully, we can safely assume that you did NOT bite the police officer who arrested you for driving under the influence in Burbank.woman-bites-cop-burbank-dui.jpg

But not every driver has that level of restraint!

Believe it or not, two major recent news stories involved drivers who bit people while getting busted for DUI.

For starters, let’s take a second look at the DUI arrest of former USF football star, Terrence Mitchell, who bit an EMT, after officers found him passed out in front of his car. The Tampa Bay Times summarizes the blow by blow: “while being evaluated by Tampa Fire Rescue personnel, Mitchell ‘became agitated’… and “twice attempted to bite an EMT [against the will of the EMT]…. Mitchell [later] admitted to police that he had consumed alcoholic beverages, was feeling its effects and ‘that he should not have been on the road.'”

But Mitchell’s spectacular story pales in comparison to the charges against 27-year-old Allison Richards of Connecticut.

Richards was arrested on August 13th for a variety of charges, including DUI, failure to signal, breach of peace, interfering an arrest, and – most vividly – assault on a police officer.

Here’s how it all went down.

Richard’s 2005 Subaru Legacy hit a lawn on Hollow Tree Road. Police found Richards standing by the vehicle, exhibiting signs that could indicate DUI in Burbank (or elsewhere), such as slurring her words. Inside the Subaru, officers found a six pack of beer with a bottle missing. Richards said that she was shopping at Lord & Taylor. She then took her son home and began to consume alcohol. She could not remember how she wound up on Hollow Tree Ridge Road.

Once the police moved to arrest her for DUI, things got heated – fast.

First, allegedly Richards stripped off her shirt and started cursing at the police. When the officers tried to subdue her, she lashed back by punching and kicking. Once they got her into the car, she continued with her tantrum, bashing at the partition with her feet. When they got to the police station, she wouldn’t get out. Eventually, they yanked her free and took her inside to be processed. Richards continued to try to strip off her clothing, and she bit one of the officers on the elbow. Eventually, police had to carry her to her cell, where she was held on $2,500 bond.

Something about Burbank DUI arrests bring out the “inner animal” in some people. Not everyone reacts to being arrested the same way. Some people are calm and cooperative. Others activate the “flight” part of the “fight or flight” response and try to leave the scene of the crime. (a big no-no, particularly if you hurt someone or caused property damage.)

The reality is that being arrested is a foreign, terrifying, and uncertain experience. Very few people leave their homes thinking “today is the day I am going to be arrested!” It certainly doesn’t help matters that many people stopped for crimes like DUI are on controlled substances, like alcohol, drugs, or prescription medications.

The silver lining is that, no matter what charges you face, you may have major legal defenses available to you. Connect with the Kraut Criminal & DUI Lawyers to explore your defense options now. Mr. Kraut is a former Harvard Law School educated ex-prosecutor; he and his team have the wherewithal and knowledge to build you a very effective Burbank defense to DUI.

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You recently got arrested for your second Pasadena DUI within 10 years. pasadena-dui-second-time.jpg

You know the drill. You’re scared of what lies before you because you’ve been down this road before. You’re especially agitated, since you know that prosecutors like to hit recidivists (repeat offenders) hard to “teach them a lesson” and keep Southern California’s roads safe.

Prosecutors and judges around the country are especially tough on second offenders. Consider the sad situation of Baltimore County Councilman, Todd Huff, who was arrested back in February on York Road in Towson, after police stopped him and tested his BAC at 0.20%. (For reference: the legal limit in Baltimore and in Pasadena for DUI is 0.08% — that means that Huff tested at 2.5 times the legal limit!)

Circuit Judge Timothy Martin just handed down Huff’s sentence: one year suspended prison sentence with 26-weeks of alcohol school, as well as random urine monitoring.

Huff’s DUI defense attorney asked Judge Martin to give probation before judgment, but the judge was unimpressed. Why? Because Huff had been involved in a different DUI case 18 years prior. That DUI hit and run caused an injury, and the Councilman had had an alcohol restriction on his driver’s license.

Judge Martin said: “That old offense doesn’t disappear in my thought process.”

The judge also did not like the way that Huff behaved after his arrest.

(If you’ve been reading this Pasadena DUI blog, you will notice this common theme: often, when people get arrested or flagged down for DUI, they engage in dangerous, irrational, or aggressive behaviors that radically complicate their legal cases.)

In any event, Huff called his friend, Police Chief Jim Johnson, the night he was busted for DUI. Huff later told the judge that he just called his friend to apologize, but Judge Martin said that this argument was “not very persuasive… I hardly buy that.”

As part of the plea agreement, prosecutors dropped additional charges, such as headlight violations and negligent driving charge. The local prosecutor was happy with the sentence – saying that it “accomplished the goal of public safety.”

But if you’re facing a second Pasadena DUI charge, you’re probably concerned about the precedent. If the court could be so brutal with a high level councilman, what will happen in your case?

Truth be told, prosecutors can hit you with extra punishments as a recidivist – these include: increased jail time, longer time in alcohol school, and more intense probation terms, steeper fines and fees, and beyond.

Fortunately, you don’t have to struggle with constructing your defense on your own. Harvard Law School educated attorney Michael Kraut of the Kraut Criminal & DUI Lawyers is standing by to give you the insight and strategic roadmap you need to get clarity and rebuild.

Connect with Mr. Kraut and his experienced, respected team today for help.

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Your Pasadena DUI arrest has caused you to rethink a lot of your fundamental ideas about yourself, your future, your relationships, and your ability to succeed in general. kaizen-after-pasadena-dui.jpg

Whether the DUI caused serious bodily injury to someone, or whether it was “just” a misdemeanor charge that landed you in jail overnight, you’re stuck in a precarious situation. To create an effective Pasadena DUI defense, you need the proper mindset. To paraphrase one of Albert Einstein’s most famous quotes, “DUI problems cannot be solved using the same consciousness that created them.”

To reconcile with what drove you to drive DUI in Pasadena, you’re going to need help from outside, trusted sources. You may not be able to “fix things” in a single therapy session. But tested advisors, such as an experienced Pasadena DUI defense lawyer, can help you make serious progress.

Seeing “Self-improvement” Not As a Single Project, But Rather As an Ongoing Process
Consider the Japanese art of “Kaizen” – or “never ending improvement.” This philosophy has helped companies like Toyota become world acclaimed brands, and it’s also helped many civic leaders, scientists and athletes achieve their potential. The gist of kaizen is that, over time, if you direct your energy towards improvement – enjoying the process of improvement for itself – eventually, you will build positive momentum and vault beyond mediocrity to success.

What this means for your Pasadena DUI defense is that, in addition to dealing with the nuts and bolts — e.g. striving to minimize your punishments and reconcile with ancillary costs (such as bumps in your car insurance rates) — make a vow now to work on yourself. Find the right people and mentors. Transform this disheartening experience into one that, in retrospect, you will recall as a pivotal, positive moment in your life.

Step one is to get in touch with your resource-rich, tested Los Angeles criminal defense attorney at the Kraut Criminal & DUI Lawyers. Mr. Kraut attended Harvard Law School, and he has been a guest commentator for the Los Angeles Times, KTLA, and other widely respected media publications.

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As our regular Glendale DUI blog readers know, the system by which DUI suspects get pulled over, investigated, arrested, and prosecuted is – shall we say – less than perfect. dui-glendale-software-problem.jpg

We all collectively assume that the situation isn’t “that” out of control. Sure, perhaps breathalyzer tests aren’t perfectly calibrated. Perhaps the occasional Glendale DUI suspect suffers violations of his or her Constitutional rights. But, by and large, the system works well.

Maybe we need to reconsider such assumptions!

Why?

For evidence, look to our sister state of Arizona. An error at the Scottsdale crime lab in Scottsdale Arizona may have put hundreds of DUI cases (stretching back to 2009) in jeopardy of being overturned. You read that right: hundreds.

According to a local attorney, Craig Rosenstein of the Rosenstein Law Group, the software that measures the blood alcohol test of suspected Scottsdale DUI drivers is glitchy – in a big way.

This attorney claims that this glitch has led to being people being wrongfully convicted, and many more could be wrongfully arrested/convicted unless the problem gets resolved.

The local police department, for now, is standing by the software and its crime lab. A spokesperson told reporters “We have met or exceeded the rigorous standards set by the American Society of Crime Lab Detectors.”

The Scottsdale Police will soon confront the accusations in Superior Court.

Do you believe that your Glendale DUI was a mistake? If so, you might feel deep pangs of sympathy for Christy Allen Lee, a single mom of two, who was wrongfully arrested for DUI. Lee told reporters “[the night of the arrest, I was] talking business, shared one bottle of sake, and I didn’t drive until four hours later.”

But when the police pulled her over, her blood test came back showing she had a BAC of nearly twice the legal limit (both Scottsdale and Glendale DUI legal limits are 0.08% BAC).

Lee recounted her harrowing ordeal: “I sat up all night panicking. Here I am, single mom of two, barely getting by as it is, now I’m charged with something I didn’t do. Pretty terrifying.” Not only did Lee spend thousands of dollars out of pocket fighting the charges, but she also lost her job.

Of course, it’s impossible to weigh in on this situation without closely examining the evidence (pro and con) regarding the alleged glitch. But the story does lead into a topic we’ve addressed on this Glendale DUI blog multiple times. And that’s that defendants often put way more faith in the so-called “objective” evidence of their DUIs than the evidence merits. (We’ve spilled a tremendous amount of virtual ink discussing the limitations of breathalyzer tests, for instance.)

Unpacking the truth about your Glendale DUI

For help understanding what really happened during your Glendale DUI arrest, get in touch with Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today. Mr. Kraut is not only an ex-prosecutor (he served 14 plus years as a Senior Deputy District Attorney), but he is also a widely respected figure in the Los Angeles criminal defense community, and he has appeared as a guest authority on DUI for the Los Angeles Times, KTLA News, and the New York Times.

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As someone who’s been arrested recently for DUI in Los Angeles, you’re probably not in a “joking” or jovial mood. But you might find it helpful to reflect on the following stories (culled in part from a Funny or Die article from 2010 called “The Six Weirdest DUI Arrests Ever Made”) not only to “feel better” about what you’ve been through but also to understand that crazy, strange stuff happens to everyone.horse-dui-los-angeles.jpg

With that preamble, let’s dive into this catalogue of curiosities…
Weird DUI #1: DUI on a horse, of course!

Several years ago, Colorado police got a shock when they saw local man, Brian Drone, riding a horse through a local strip mall. Turns out, Mr. Drone had consumed a few alcoholic beverages before hopping on his steed, and officers arrested him. This makes sense. We don’t want people to drive DUI in Los Angeles (or anywhere) because they might lose control of their vehicles and cause injuries, property damage, etc. A DUI horse rider could easily wreak havoc and destroy a mall. Probably in the days of horse-drawn wagons — before the emergence of the automobile – “RUI” accidents were all too common…
Weird DUI#2: DUI on a Barbie car – going 3 miles per hour!

Our second ridiculous case comes out of England, where 40 year old Paul Hutton, a Ex-Royal Airforce Aeronautical Engineer, got arrested by police after driving a “souped-up” electric Barbie car at 3 miles per hour near his Essex home.

Mr. Hutton had been showing off for his four children (ages 11-17). He later admitted that he had been a “complete twit” for hopping in the car while being twice the legal limit. (The legal limit for DUI in Los Angeles, as you might remember is 0.08% BAC, per CVC 23152).

Mr. Hutton told the court in Colchester: “I was very surprised to get done for drink-driving, but I was a twit to say the least… I’m in the third year of my electrical engineering course, and it was a little project [I was doing] with my son, who’s doing a car mechanics course…When [the car] was done, I couldn’t resist the temptation to take it out.”

The magistrate who heard the case said that the Barbie car DUI was “most unusual…I have never seen the like of it in 15 years on the bench… The vehicle is not even capable of doing the speed of a mobility scooter and could be outrun by a pedestrian. Taking this into account, we feel we can impose a sentence of a conditional discharge for a period of 12 months.”

Of course, not all Los Angeles DUIs are trivial matters – or laughing matters, for that matter.

For astute, thorough, and ethical assistance with your case, look to Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers. Attorney Kraut has a Harvard Law School education, and he has worked as a City Prosecutor (Senior Deputy District Attorney) and as a highly regarded LA criminal defense lawyer.

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At first blush, many of the Glendale DUI stories that we’ve recently reported on sound almost made up – as if they were something ripped from the pages of The Onion (Jim Anchower’s “The Cruise” column, perhaps?) long-beach-dui-stop-arrest-defense.jpg

But sometimes real life is actually more ridiculous than satire.

Case in point: According to the Sandusky Register, a 34-year-old man, Scott Sims, is in big trouble not just for allegedly driving under the influence but also for ignoring a police officer’s order to stop…and instead rolling up to Burger King to order a hearty, greasy meal.

The officer told reporters: “the operator was observed to have his window down and to be placing an order with the restaurant…I ordered the subject two times over my PA system to pull out of the drive-thru line.” Eventually, a Perkins Township officer flagged Sims down. The man confessed that he was “f**ked up” and agreed that “I should have just rode my bike to Burger King, but I was too hungry.”

Sims refused to take a breathalyzer test. He was arrested on multiple charges, including operating a vehicle under the influence, speeding, violating the open container law, and driving under suspension.

Not very good news for Sims.

In the abstract, it’s easy to snicker at this situation – to make fun of what happened. However, if you recently got arrested for driving under the influence in Glendale, you’re probably more sympathetic.

Why?

Because you know – from personal experience – what that incredible stress and heightened emotional state feels like. Even rational, professional people often make grievously bad decisions during and after DUI stops because of the animal-like emotional state that overtakes them.

Consider, for instance, the video footage that just emerged of Cat Cora’s DUI behavior. The Around the World in 80 Plates hostess called the people whom she rear-ended – while DUI in Santa Barbara with a 0.19% BAC! – “two nerds.”

Cora and Sims’ strange responses to their DUIs make more sense when you look at their stories in context. If you peruse the archives of our Glendale DUI blog, you will notice that story after story features a similar plotline:

1. Suspect does something stupid (like drives DUI);
2. Suspect compounds that stupidity by evading arrest, commiting a hit and run, saying dumb things to officers, and so on and so forth.

The question is: Now that you are sober and contemplative, what can you do? How can you respond smartly to your Glendale DUI charges?

Every situation is different, and the team here at the Kraut Criminal & DUI Lawyers is prepared to help you approach your situation systematically and alertly. Get in touch with ex-Senior Deputy District Attorney Kraut and his team now to schedule your free consultation.

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Getting stopped and arrested for driving under the influence in Long Beach (or anywhere else) can have profound, long-lasting implications, even if you manage to reduce your charges.josiah-turner-dui-long-beach.jpg

Consider, for instance, the highly publicized ordeal of Josiah Turner.

The former guard for Arizona just received a two-day jail sentence in connection with an April 26, 2012 DUI arrest. The ex-Wildcat managed to get six other charges dismissed in his plea arrangement, but the court still fined him $1,529 and told him to go through a MADD program and alcohol evaluation.

Turner had been a solid performer for the Cats – he averaged nearly 7 points a game along with 3.1 rebounds and 2.4 assists before he transferred to SMU. After college, he pursued professional basketball both in Hungary and in Canada. He lost his slot on the Halifax Rainmen in mid-season and declared for the NBA draft last week.

A Justice of the Peace, Anne Segal, told the basketball star, “I hope this [the DUI and plea arrangement] was the lowest point in your life.”

If you’ve recently been arrested – or if you’re close to someone who’s been arrested for Long Beach DUI recently – you can probably relate to the sentiment.

Turner’s attorney, Jeffery Rogers, spoke highly of the plea agreement: “it’s pretty much what you could expect in this case…what’s important is that Josiah got what everyone else would get. There is no special treatment.”

The 20-year-old (he was 19 when he was arrested) got pulled over for going through a red light at around 1.30 in the morning in his 1993 Infiniti sedan. Police saw that Turner had no license plate on his car, and he didn’t have a driver’s license, insurance, or registration with him. In addition to charges for blowing through the red light, failing to have a driver’s license, and DUI (for having BAC of over 0.08%), he was charged with driving a vehicle while under the influence and being under 21 with alcohol in his system.

According to sports reports, Turner has had a challenging last few years. He was one of the top U of A basketball recruits in 2011, but he got suspended twice for unpublished reasons. The second suspension happened during the crucial Pac-12 Tournament. His lawyer summed up the situation “he is an extreme talent…I just hope he learned a lesson and uses this as a building block.”

Often, a Long Beach DUI charge is the tip of a much larger iceberg – a sign of more deeply rooted problems. To milk the lessons from your arrest, you need to confront the charges strategically, introspect and get appropriate help to avoid recidivism or other future problems. Fortunately, the astute, connected team here at the Kraut Criminal & DUI Lawyers can help you get on a smart path. Connect with Mr. Kraut and his associates today to begin building your Long Beach DUI defense.

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You are at your wits’ end and also very sad. Someone you love dearly recently got arrested for DUI in Long Beach, and that person — at least to you — seems to be living in denial. help-after-long-beach-dui-arrest.jpg

As you are no doubt aware, after you get arrested and charged according to California Vehicle Code Section 23152 (a) or 23152 (b) — or per the injury DUI CVC Sections 23153 (a) or 23153 (b) — you need to act quickly, strategically, and decisively to protect your rights.

You may only have days, for instance, to contest the suspension of your California driver’s license. Evidence that could help exonerate the Long Beach DUI defendant — or at least make the prosecution’s case more challenging — may disappear or be forgotten.

So you need to get “on it” quickly. But the person whom you love — who faces the charges — is acting maddeningly nonchalant. Perhaps he or she has yet even to consult with a Long Beach DUI defense lawyer or even begin researching legal options.

You want to help him, but there is only so much control that you can exert over a full-grown adult. Here are some insights to help you make progress:

#1. Strive to empathize with the Long Beach DUI defendant.

Imagine if you had been arrested. No doubt, you’d feel scared, overwhelmed, angry both outwardly and inwardly, and a lot of other feelings, none of them good. Whenever you’d dwell on the arrest, those feelings would come up. So it makes psychological sense (at least) to just pretend like things aren’t really happening.

#2. The person may have a challenging relationship with you.

For instance, maybe you’re the parent of a UCLA or USC student who got arrested for DUI in Los Angeles. That student might worry that you’ll stop paying tuition or take away the car. The person may not even be willing to listen to your plea because of these fears.

#3. You cannot be sure exactly what’s going on.

Scientists have done plenty of research into what motivates us (and what demotivates us) from taking empowering actions. But each situation is different. One defendant might refuse to get help because he’s in denial. Another may refuse to get help simply because she doesn’t realize the nature of her legal bind.

This puts you in a difficult situation. You want to help, but you are not exactly sure how to approach the person or otherwise assist.

Above all else, strive for compassion. Be compassionate with the person. Be compassionate with yourself. You’re going through a lot as well, even though you won’t face jail time or other punishments. Appreciate that you have the kindness and sense of responsibility to offer help. Reflect on the Serenity Prayer.

And consider connecting with Michael Kraut of the Kraut Criminal & DUI Lawyers, directly, for help with your Long Beach DUI defense. Attorney Kraut can suggest solutions for you and your family.

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