Articles Posted in Driving Under the Influence

In a recent piece we did on this Long Beach DUI blog several months ago, we discussed the peculiar case of Utah Highway Patrol trooper, Lisa Steed, who was fired in November for unfairly arresting innocent people on charges of driving under the influence. lisa_steed_dui-class-action.jpg

Steed had actually been named a Utah Highway Patrol “trooper of the year” – owing in part to her big arrest numbers. Documents filed with Utah’s Third District Judicial Court suggest that she might have wrongfully charged and arrested literally HUNDREDS of people over the years.

Some of these people pled guilty in court because they could not afford to pay for a DUI defense. The class action against Steed argues that State of Utah owes these DUI defendants substantial damages: they lost property and jobs and suffered untold toil. For instance, one of Steed’s victims, Thomas Romero, said he got pulled over because he had a burned out taillight. Steed suspected he was DUI, but a blood alcohol test revealed that he had a 0.00% BAC.

That’s right: 0.00% BAC. Nada.

Nevertheless, Romero lost his truck to the impound lot. He told reporters “that night when I got pulled over, lost my truck, lost everything I have, my motor home, everything. That hurts.”

Another supposed victim of Steed’s zealousness, Julie Tapia, recounted her horrific tale: “[Steed] never did give me a sobriety test on the spot, even though I asked for it, because I’m like, I haven’t done anything wrong unless I’m drunk on a hamburger, fries and a milkshake. I don’t even drink.”

Steed, meanwhile, has appealed with Utah’s State Personnel Office to try to regain her employment in the Police Department.

If you’ve recently been arrested for driving under the influence in Long Beach or elsewhere in the Southland, odds are the trooper who pulled you over did not flagrantly flout rules of conduct, like Steed allegedly did.

However, officer mistakes are less uncommon than you may realize!

For instance, as we have talked numerous times on this Long Beach DUI blog, breathalyzer tests are notoriously troubled. Diabetics, for instance, release chemical compounds on their breath called ketones, which can adversely affect BAC reading. In other words, you can have consumed zero alcohol and still score a positive on a breath test because of those ketones. Likewise, if you are on certain special diets, you can register a false positive.

Other factors that can throw off your Long Beach DUI breathalyzer test results include: your gender, whether you’re on any medications, whether you have certain medical conditions, the depth into which you blow into the machine (super deep breaths can cause an exaggeratedly positive BAC reading), and much more.

Given that the difference between a dismissal of your charge and a conviction according to California Vehicle Code Section 23152 can hang in the balance, you likely can benefit hugely from a creditable, thorough Long Beach DUI Criminal Defense. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers and his team would be happy to provide a free and confidential case evaluation to help you strategize and make sound decisions regarding your legal future.

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54-year-old actor, Michael Madsen, was arrested recently for driving under the influence in Los Angeles – out in Malibu on the PCH. According to news reports, police officers pulled him over after they saw his fire red Pontiac GTO swerving erratically.michael-madsen-dui-malibu.jpg

Madsen allegedly failed his Los Angeles DUI field sobriety tests and blew a BAC level of 0.21%. As regular readers of this blog know, the legal limit, per California Vehicle Code Section 23152 (b), is 0.08%. That means he was more than 2.5 times over, if the breathalyzer was correct!

Madsen’s Los Angeles DUI defense attorney, meanwhile, told reporters that Madsen “believes that the breathalyzer test was flawed.” According to TMZ, the Kill Bill and Reservoir Dogs’ actor needed to go to the hospital instead of to jail due to a medical problem. Madsen had to make a $15,000 bail. He currently faces two DUI counts. If convicted of both, he faces maximum penalties of two years behind bars, even though this is his first offense.

Madsen’s legal plight illustrates an important truism about Los Angeles DUI defense: Even if you have never done anything bad in your life, prosecutors can still “throw the book at you,” even if you didn’t hurt anyone or do severe damage.

Of course, if you DID hurt someone, prosecutors can “level up” the charges against you and hit you with counts pursuant to California Vehicle Code Section 23153 (a) and 23153 (b) – the so-called injury DUI laws. What would ordinarily be a misdemeanor might be reclassified as a felony, for instance.

Likewise, if you caused serious property damage, resisted arrest, or engaged in multiple criminal acts simultaneously (such as assaulting a police officer, leaving the scene of an accident, etc.), your legal situation could become more complex, and the potential penalties could be far more dire.

This isn’t to say that you will be seriously punished — or even that you’ll need to plead guilty to the charges against you. A smart, strategic investigation of your Los Angeles DUI charges can lead to surprising and convincing defenses. For instance, in Madsen’s case, perhaps the breathalyzer test indeed WAS flawed. For instance, maybe he was suffering from diabetes or on a special low-carb or low-calorie diet, in which case the ketones on his breath might have artificially escalated his BAC readings.

In any case, the team here at the Kraut Criminal & DUI Lawyers in Los Angeles has the capability, experience, and wherewithal to help you construct an articulate, effective defense. Get in touch with Attorney Kraut and his empathetic, experienced team today for a free consultation.

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When you recently got pulled over and arrested for a Pasadena DUI, you cringed at the feeling of déjà vu. This was not your first arrest for such a crime, and you remember how emotionally fraught and exhausting the 1st rehabilitation was for you.pasadena-dui-9-duis.jpg

If you get arrested and convicted for driving under the influence in Southern California multiple times, a rapid and a terrifying escalation in your punishments can ensure. For instance, the first time you get a standard Pasadena DUI, you might face fines and fees, some jail time, forced alcohol classes, and a CA license suspension. All very unpleasant stuff, to be sure.

But if you collect 3 DUIs within 10 years, prosecutors can leverage the law to transform what would ordinarily be a misdemeanor into a felony count!

This means that you could go to jail for over a year — instead of for just a few days — for the same exact crime… just because you’re a recidivist.

Notwithstanding the consequences that can ensue if you break Pasadena DUI law multiple times, some drivers just can’t help themselves. In fact, last week not one but two different Montana men made national news over their ninth DUI charges.

Up in Billings, 51-year-old James Alan Tate, pled guilty to misdemeanor and felony DUI counts as well as charges of driving without a license and driving without insurance. Local police in Billings, Montana stopped him on October 10 at South 28th Street and gave him a breath test. He allegedly scored an incredibly high BAC of 0.361%. That’s over 4.5 times the legal limit for Pasadena DUI, per California Vehicle Code Section 23152, which makes it a crime to drive with a BAC of just 0.08% or above. Tate had been convicted of DUI eight times between 1985 and 2011. He will be sentenced on January 24.

Meanwhile, out in Polson, Montana, 45-year-old Todd Burland faces his ninth DUI charge, after he led local police on a car chase on US Highway 93. The “fun” ended when Burland drove into Flathead Lake. Amazingly, the suspect still had some fight in him — he tried swimming away from police officers, who had to don water gear to fish him out of the lake and arrest him. He faces not just a felony DUI charge (ninth offense) but also charges of violating his probation.

You obviously want to deal with your issues before they escalate any further. The team here at the Kraut Criminal & DUI Lawyers in Pasadena can help you understand your defense options and construct a strategic response not just to the present charges but also to the long-term crisis in your life that’s led you towards recidivism.

Attorney Kraut is a former prosecutor who is deeply sympathetic to the Pasadena DUI defense experience and who is well schooled in the methods and tactics of prosecutors. His unique vantage – combined with his Harvard Law School education – can give you an excellent chance of success.

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As someone who was recently booked for a charge of DUI in Southern California, you probably feel somewhat reluctant to criticize other people who’ve been arrested for the same crime. But it’s a myth that all DUI crimes are ‘equal.’ In fact, DUIs are far more diverse than the public realizes. Typical defendants include high profile politicians, celebrities, and recidivist offenders who’ve been busted/convicted multiple times and possibly even caused harm to people multiple times.u-turn-dui-los-angeles.JPG

Point is: don’t paint Los Angeles DUI defendants with a broad brush.

In light of that, it’s enlightening to look at a crazy story out of Temecula, where 53-year-old Marlies Petersen got arrested for driving under the influence on the 5 after she tried and failed to make an illegal U-turn on the freeway – twice! – and hit the median strip both times.

The CHP responded to a motorist’s 911 call around 2 in the afternoon on Monday, when someone saw Petersen allegedly weaving her Ford pickup truck around. A local officer who responded, Nathan Baer, told news outlets that the ‘Ford F150 pickup stopped in the center median of northbound Interstate 5 and made a left turn.” Astonishingly, the driver tried to drive through the wall at low speeds and failed. Baer reported that she then ‘backed up and attempted to drive through the concrete median wall, also known as a K-rail, a second time the pickup became stuck in the soft dirt.’

A witness, Dave Iverson, ultimately managed to get Petersen to stop trying to reverse – and potentially put her life and lives of others in danger – and hand over the keys. A CHP officer said that Petersen exhibited extreme symptoms of Southern California DUI. Officer Baer said that she appeared ‘highly intoxicated and had difficulty standing and walking on her own.’

Although those are classic symptoms of Southern California DUI, vertigo and difficulty speaking can also be caused by a variety of other problems, including psychological trauma, bad reactions to medications, etc. – all which can be exacerbated by some alcohol consumption.

Trying to piece together your Los Angeles DUI defense puzzle
Ms. Petersen’s ordeal is a powerful illustration of how desperate and confused people can get after they make mistakes behind the wheel. If you are in a metaphorical ‘hole,’ your first step should be to stop digging. Rather than make your DUI defense more complicated and less certain, take strategic steps to understand exactly what you are up against and to develop a plan to respond more mindfully to the charges.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles is a highly regarded Southern California DUI defense attorney with years of experience on both the defense and prosecutorial side of things. Mr. Kraut and his team would be happy to provide a free consultation to help you develop a thorough plan of action regarding your DUI defense strategy.

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Even if you’ve been arrested for driving under the influence in Burbank, and you’re not a sports fan, you likely are familiar with the Chicago Bears’ legendary old coach Mike Ditka – if not for his football legacy then at least for his appearance in snarky TV ads (or maybe his football-related wine label). mark-ditka-dui-burbank.jpg

But Ditka’s brand has been challenged by the strange behavior of his sons, Mark and Michael.

Michael has been arrested multiple times for driving under the influence –including a stop in April 2011 that we discussed at length here on our Burbank DUI blog. Curiously, in the 2011 case, Michael lashed out that he had been stopped because if his family name.

His brother, Mark, meanwhile, has also been in the headlines for DUI arrests multiple times – in fact, last Sunday he scored his fourth DUI arrest in Deerfield, a suburb of Chicago. According to local news reports, police saw him driving erratically and pulled him over. They found Hydrocodone pills in his car (a prescription opiate – which Mark apparently had no prescription slip for). Plus, Mark lacked insurance and had been driving on a suspended license. When he refused to take a blood or breathalyzer test, he was arrested and held on a $25,000 bond.

Ditka was arrested last year around the same time, according to the Chicago Tribune, for driving with a BAC of around twice the legal limit. In Burbank, that limit is 0.08% BAC, as defined by California Vehicle Code Section 23153. That case was tossed because Ditka’s chewing tobacco likely skewed the results of his breathalyzer test. In his other two DUI arrests, he managed to get the charges lowered.

But Ditka’s situation illustrates both dangers and opportunities for people who have been arrested multiple times for driving under the influence in Burbank.

On the one hand, with a properly positioned and executed defense, you can do things like effectively challenge a breath test reading. After all, as we’ve discussed dozens of times here on this blog, breathalyzer tests can be compromised due to innumerable factors, including the presence of chewing tobacco; whether you are a diabetic or not (ketones produced by ketoacidosis on the breath can artificially inflate your BAC rating); and diverse other factors.

On the other hand, if you get arrested and convicted for multiple DUIs in Burbank or elsewhere, prosecutors can enjoy more and more different kinds of legal leverage against you.

For instance, if you are arrested and convicted for three DUIs within a 10-year period, prosecutors can try to convict you of a felony for what would ordinarily be a misdemeanor offense. Likewise, as you get more and more DUI convictions, you will face an escalation in penalties, such as the amount of money you have to pay in fines and fees, the length of your jail sentence, the extent and severity of your probation, the amount of time you have to spend in alcohol education classes, the duration of your California license suspension, and much more.

To respond aggressively and effectively to the difficult charges against you, look to the Burbank DUI criminal defense team at the Kraut Criminal & DUI Lawyers to equip you with a sound legal defense. Attorney Kraut is a highly respected and highly motivated ex-prosecutor who uses his Harvard Law School education and deep connections with the Los Angeles DUI community to get excellent results for his clients.

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If you injured someone while driving under the influence in Long Beach or elsewhere in Southern California, you likely feel tremendous regret and panic. Whether the accident was your fault or not – or only partially so – you are probably confused about your legal rights, and you want to know what you can do to protect yourself.rancho-long-beach-dui-crash.jpg

Consider the following news item to help place your arrest into context.

Last week, in Rancho Cucamonga, 29-year-old Cory Holker apparently lost control of his silver Toyota Camry on Base Line Road as he tried to pass another car. The Camry flipped over a curb, smashed into a tree and spiraled around and hit three Alta Loma High School girls – two freshman and one sophomore. A local resident heard the accident and the screams and called 911. All three girls were taken to the hospital with injuries – and one had to be pried out from underneath the car – but fortunately, all three are expected to survive.

Holker, on the other hand, faces a difficult road ahead of him, legally speaking.

He allegedly failed a breathalyzer test at the scene – and even though Long Beach DUI breathalyzer tests are notoriously unreliable, as we’ve talked about many times on this blog, it’s still not a great piece of evidence for him to “explain away.” In addition, he was cited for speeding, failing to wear a seatbelt, and following another car too closely. Holker also has a substantial record of citations, and he now faces a felony Southern California DUI count as well.

When most people read stories like these in the news, they immediately feel empathy and sympathy for the victims – as well, they should. It’s easy for the not-involved to demonize DUI drivers, especially drivers who hit and hurt other people who do other ìdumb/illegal stuffî while DUI. But it’s important to be compassionate – not just towards victims, but also towards defendants. The reality is that there is often much more to most Long Beach DUI cases than meets the eye – or that can be conveyed through a simple news blurb or blog post.

Consider your situation, for instance.

Even if you believe that you were in the wrong or guilty of DUI or other driving-related crimes, odds are you do not see yourself as a cartoonish villain or in morally black and white terms. Your situation is complex, and you’d like a little bit of compassion as you struggle to understand what motivated you, what you can do in the future to prevent getting into similar situations, and what you might be able to do to repair any harm that you may have accidentally caused.

The team here at the Kraut Criminal & DUI Lawyers has tremendous experience and a unique perspective on Los Angeles DUI cases.

Attorney Kraut is a Harvard Law School educated ex-prosecutor – he spent the bulk of his career prosecuting DUI cases – and that experience gives him a powerful and informed perspective on the whole process. It’s helped him to be a more effective and intuitive Long Beach DUI defense attorney. Find out more about Attorney Kraut’s credentials and record for service here on this site, or get in touch with his team today for a confidential consultation about your defense options.

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Just because you’ve recently been arrested for driving under the influence in Los Angeles doesn’t mean that you have no knowledge of right and wrong or no standards. Far from it! In fact, odds are, you probably resent being lumped in with other DUI defendants!dui-long-beach-burbank.jpg

Understand that there is an enormous spectrum, when it comes to DUI offenses. On the one hand, there are the perennial, serial DUI offenders who get arrested and convicted multiple times. But this “species” of Los Angeles DUI defendant is surprisingly rare, and even people who fall into this category generally deserve more respect, empathy, and support.

On the other end of the spectrum, you can find people who commit minor mistakes – or who actually make no mistakes at all but rather wind up as victims of overzealous officers at Los Angeles DUI check points.

But anyone with a moral compass might wonder about what happened recently up in Napavine, Washington, where local state patrol officers arrested a 14-year-old girl from Portland, who had allegedly flipped a van while driving under the influence. The incident took place the Sunday before last on Interstate 5, near the town of Chehalis.

You might think that this was just a case of a rebellious teenager borrowing her parents’ van and going for a joy ride. Nope. Initial report suggests that circumstances were far weirder. In the van with her was a 51-year-old Portland man and a 16-year-old runaway girl.

The driver and both passengers suffered minor injuries in the rollover. But local reports from KATU suggest that it’s not yet clear how the three people know each other.

The 14-year-old girl, meanwhile, faces charges of driving without a license, driving DUI, and being a minor in possession of marijuana.

Who knows what was actually going on up there?

If you’ve been tasks with defending against similar (or even more severe) charges pursuant to your Los Angeles DUI arrest, you might appreciate the revelation that this case appears to be far more complicated than superficial analysis reveals. Indeed, many DUI cases are wrapped up with strange subtleties, and only a thorough investigation and detailed legal work can help defendants get cleared or at least put up their best possible defense.

Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers spent a significant portion of his life working as a city prosecutor (14 plus years as Senior Deputy District Attorney), so he has a really good feel for how prosecutors like to go after Los Angeles DUI defendants.

Attorney Kraut now uses that knowledge to help people like you with creative, legally taut defenses to their DUI charges. Get in touch with attorney Kraut and his team today to go over what he can do to protect your interests.

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Your recent Long Beach DUI accident and arrest was humiliating enough. pink-elephant-dui-los-angeles.jpg

Hopefully, no one got hurt. And hopefully, you did not compound your woes by offering a preposterous explanation for your behavior, like 31-year-old Samuel Phipps recently did when Delaware State Police stopped him on I-95 and hit him with his seventh lifetime DUI charge.

The 31-year-old told State Police that he had smoked a kind of drug known as “wet” – which consists of a marijuana cigarette laced with the PCP – prior to taking a ride in his Land Rover the Friday night before last. As he cruised southbound on I-295, he hallucinated and thought he saw a pink elephant in the road. Thus spooked, he veered off into the guardrail near Route 141.

According to a Delaware State Police statement, the trooper who found Phipps interviewed the driver, who told him “that the accident was a result of… swerving to avoid an elephant he observed running in the path of his vehicle.”

Phipps was busted for his unlucky number seven DUI offense and hit additionally with the charge of driving without insurance. Instead of being sent to jail, he was committed to the Howard R. Young Correctional Institution and held on a bond of $21,000.

If, like Phipps, you’ve been hit with multiple counts of driving under the influence in Long Beach or elsewhere, you could be facing substantial jail time, even if you did not hurt anyone and prosecutors thus cannot charge you per California Vehicle Code Sections 23153(a) or 23153(b).

In fact, as your number of DUI arrest/convictions increases, so does the leverage of prosecutors.

If you get convicted for three DUIs within a 10-year span in California, for instance, your third DUI – which would ordinarily be a misdemeanor – can be charged as a felony count, even absent any other legal violations. Plus, other penalties get ratcheted up: you’ll face longer time in alcohol school, a longer license suspension, stricter/longer probation terms, more fines and fees, and likely a bigger spike in your auto insurance rates, assuming that you can still drive and carry insurance.

Of course, if you’re getting arrested three or four or seven times for DUI – or for other crimes – you may need more than the help of a good Long Beach DUI defense attorney. You may also need therapy to deal with other crises in your life that may be compelling you to take refuge in alcohol or medications.

The team at law offices of Michael A. DeMayo can help you appreciate what you might be up against and give you practical, sensible, actionable advice.

Learn more about Attorney Kraut’s background as a Harvard Law School educated former prosecutor here on our website, or connect with us now for a free, completely confidential evaluation of your Long Beach DUI case.

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Your recent arrest for driving under the influence in Burbank may have been humiliating, scary, and overwhelming. But hopefully you did not behave as carelessly as 25-year-old Derek L. Greene allegedly behaved. The Rhode Island native was arrested last Sunday night, after local police saw him speeding at 120 miles per hour on Interstate 95, with three kids in the back, ages 2, 3, and 4. Local troopers busted Greene for reckless driving and also tagged him with a DUI charge.dui-burbank-kids-in-back.jpg

Your situation: uncomfortably similar to Greene’s?

If you just got stopped at a routine Burbank DUI checkpoint and busted for driving slightly over the limit, as defined by California Vehicle Code Sections 23152 (a) or 23152 (b), you might not put yourself in the same ìclassî as Greene. But be careful about ìexonerating yourselfî too quickly. When you drive recklessly – drive while on a cell phone, drive while fatigued, drive while DUI in Burbank, whatever – you’re not just affecting your own fate and the fate of your passengers. You’re potentially impacting strangers on the roads, including small children. So although you might not have driven 120 miles per hour with three small kids in the back – an obvious no-no in everyone’s book – you potentially committed a similar form of intransigence, only more indirectly dangerous.

The question before you now is: how do you clean up from your Burbank DUI arrest?

Obviously, prosecutors can hit you with a battery of charges, ranging from jail time to forced alcohol school to mandatory installation of an interlock ignition device in your car to huge fines and fees and so forth. And all of these punishments can have their own indirect repercussions. For instance, if you lose your California license, how will you get to work or school? How will you live your life?

You need to consider the legal implications – and your needs might be best met by connecting with the team here at Burbank’s Kraut Criminal & DUI Lawyers. Attorney Michael Kraut is a phenomenally experienced Burbank DUI criminal defense lawyer. After being educated at Harvard Law School, Attorney Kraut spent years (14+) working as a city prosecutor. His deep and diverse background helps him to provide extremely thorough and strategic assistance for his clients.

But beyond the immediate implications of your DUI in Burbank arrest, you also may want to think about what the event means in broader terms for your life, safety, and well-being.

For instance, maybe you were unfairly arrested – the breathalyzer test yielded a false positive, and you want to challenge that. If so, the team at the Kraut Criminal & DUI Lawyers can help.

But what if this was your fifth arrest for Burbank DUI? What if you’ve gotten in trouble with the law before? If so, you might benefit from some introspection. What created the problems in your life? What can you do to take responsibility and solve your personal crises, so you can avoid getting in trouble in the future and start to build towards the life that you want?

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January 10th was not a good day for 23-year old Allison Smolinski. If you’ve been arrested for driving under the influence in Burbank or elsewhere in the Southland, chances are (hopefully) your event was less dramatic and devastating than Ms. Smolinski’s. Allison-Smolinski-dui.jpg

According to news reports, Smolinski piloted her 1997 Nissan Pathfinder into three different accidents within a single hour, climaxing with her smashing the SUV into a house in Wheaton, Illinois. People inside the home had been watching TV, and fortunately no one inside was hurt.

But Smolinski suffered a neck injury, and her passenger, a 27-year old male, sustained a major gash to his head. Prior to the explosive conclusion to the accident-spree, Smolinski allegedly smashed a car on Blanchard Street and banged into another car on I-290. Reports suggest that she might also be implicated in a rollover crash on another highway, I-355, where witnesses said that some driver had been “swerving all over the road.”

Smolinski has been in jail since January. Since she has already served several months in prison, and she only need to serve 85% of the total jail sentence per state law, she might be eligible to get parole in only two years or so.

Nevertheless, Smolinski’s situation is a dramatic example of how Burbank DUIs or DUIs anywhere in Southern California or the rest of the country can radically alter one’s future in ways that you could hardly predict. Imagine, for instance, if your family member got hurt or even killed in the rollover accident on I-355. Imagine if Ms. Smolinski had smashed into your home instead of the home on Wheaton Street.

The big question before you is: How can you pick up the pieces of your life and reputation after your Burbank DUI arrest?

This is not an easy question to answer.

In fact, the relevant laws, such as California Vehicle Code Section 23153(a) and 23153(b), which cover injury DUIs in Burbank, are pretty subtle. If you don’t have a respected and compassionate Burbank DUI criminal defense lawyer on your side, such as Michael Kraut of the Kraut Criminal & DUI Lawyers here in the Valley, you may have a difficult time intuiting the right way to build a defense and fight your charges.

Don’t make a major strategic mistake – get in touch with a member of the Kraut Criminal & DUI Lawyers today to go over what you can do — and, even more key, what you shouldn’t do — to defend against your charges and start to pick up the pieces after your overwhelming experience.

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