Articles Posted in DUI Crime and Punishment

The police officers who stop drivers at Burbank DUI checkpoints are empowered to remove dangerous drivers from the roads to enhance public safety. And while everyone can agree that we want to reduce and ideally eliminate Burbank DUI, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc., civil liberties groups are complaining that DUI checkpoints are being used to generate impoundment fees… as opposed to eliminating DUI drivers!burbank-DUI-Checkpoint.jpg

According to a May 24th story from the Associated Press, a lawmaker in Northern California (Santa Rosa), Assemblyman Michael Allen (D), has proposed a law to “restrict the inspections to their intended purpose of stopping drunken driving.” Allen’s bill, AB 1389, points out that impoundments have leapt over the 50% between 2007 to 2009.

In many California cities, Allen says, “the ratio of impoundments to DUI arrest is 20 to 1.” The California Police Chief Association, among other enforcement agencies, denies that DUI checkpoints are being abused to generate impoundment fees. David L. Maggard, Jr. responded via e-mail that “DUI checkpoints are exclusively about safety.” Another Assemblyman, Kevin Jeffries, complained that the bill would tie up police and prevent enforcement of anti-DUI policy: “I was a volunteer firefighter for 29 years, and I saw a lot of carnage the road because of drunk drivers…this weakens our ability to catch drunk drivers.”

The bill proposed by Allen would codify a state Supreme Court ruling that “requires officers to conduct their checkpoints on roads that already have a high rate of DUI arrest or accidents, and then give advance notice of the location.”

Clearly, there has to be some way to find a balance here between respecting the rights and civil liberties of drivers and keeping our roads safe and clear of dangerous drivers.

Unfortunately, the way the system has been politicized, policy analysts, politicians, and many people in the legal system have been conditioned to believe that only “win-lose” outcomes are available. Either the police “win” or DUI drivers “win.” This kind of binary choice is obviously a false choice, if you probe the argument in any logical detail. Surely, we collectively can find ways to eliminate or reduce DUI driving and abuse of checkpoints and make our roads safer – all at the same time. It’s just going to take creativity and a little more willingness to both experiment with policy solutions and to measure the efficacy of the solutions in a smart way.

Changing our cultural expectations of drivers may help a lot more than simply punishing them. For instance, right now, in spite of the fact that California’s laws prohibit drivers from text message while driving, many people still do it anyway. If we can find a way to eliminate the “social permission” that we’re tacitly giving each other to text while driving, we can likely reduce accidents significantly – all without punishing anybody.

All of this philosophizing aside, a Los Angeles criminal defense attorney can provide crucial, tactical, and strategic advice and solutions for you, if you or someone you care about has been charged with a DUI crime. Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) is a highly reputed former prosecutor (served as a Deputy District Attorney almost for 15 years), who is respected by prosecutors and judges and regarded by major media as an expert in Los Angeles DUI law.

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Those who cover Pasadena DUI stories often set their sites on parochial stories – that is, police blotter news items about things like Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI. But it’s often helpful to analyze national news as well to get perspective on how the goings on in other states might have bearing on the politics, science, and legal philosophy of Southern California DUI defense.

Regular readers will remember that we have been closely following reports a few months ago on the revelation that many San Fernando DUI breathalyzer tests used from January to March this year had been compromised by technology flaws. Well… it turns out that Southern California DUI breathalyzer tests are not the only broken breath tests out there this year.breathalyzer-los-angeles.jpg

Check out this breaking news out of Montpelier, Vermont of all places (quote comes from the AP): “A mistake in the software setup on a breath analysis machine and whistle-blowers’ complaints about unethical lab work threaten dozens of drunken-driving prosecutions in Vermont. At issue are breath tests performed by a DataMaster DMT machine at a Vermont State Police barracks that authorities say was not set up properly. Amid a broadening inquiry by two defense attorneys, dozens of criminal convictions could be reopened and a handful of civil license suspensions are being overturned.”

The AP article also mentions that literally hundreds of DUI cases may be reopened and reevaluated because of other Vermont Department of Health machine maintenance problems.

Despite the snafu out of Vermont and the problems that we reported about here in Southern California, it’s unlikely that police officers and the public will seriously reconsider the efficacy of breath tests.

This is, in a word, frustrating. No matter how often blogs like this report on the potential technical glitches, human errors, and other problems that can distort readings and cause false positives (such as ketones on the breath, the fact that men and women process ethanol alcohol differently, the fact that the depth of the breath that you blow into the machine can alter BAC results, etc.), we still collectively give breath tests way too much “trust.”

An experienced Los Angeles criminal defense attorney can review the breath test that officers conducted on you and determine if and how to challenge those results. Michael Kraut (of Pasadena’s Kraut Criminal & DUI Lawyers – 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) has the facility and familiarity with DUI law you need. Mr. Kraut served for nearly 15 years as a prosecutor for the city prior to representing defendants of DUI crimes. He has a great track record at jury trials, and he has won the respect of peers in the legal community.

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Obviously, no one wants to get arrested and charged for a crime like driving under the influence in Burbank or elsewhere in the Southland (e.g. DUI in Burbank, DUI in Glendale, DUI in Pasadena, DUI in Los Angeles, et cetera). But it’s helpful to put your problems in perspective. charlie_sheen.jpg

Consider the plight of the fallen-from-grace TV/Movie actor Charlie Sheen, whose “winning” escapades have been well documented in the celebrity tabloids and gossip blogosphere. Last week, Sheen found out that heartthrob Ashton Kutcher may be taking over his marquis role on the CBS series Two and a Half Men. During Sheen’s public meltdown this past several months, he has made some pretty acerbic comments regarding his past associates and friends. So it was not surprising to those who have followed the Sheen drama to discover that the former Wall-Street star was, shall we say, less than thrilled about the prospect of a Kutcher takeover.

Many commentators, including celebrity addiction specialist Dr. Drew, have hypothesized that the troubled actor’s problems may stem in part from chronic drug and alcohol abuse. It’s very difficult to adduce precisely how pharmacologically active compounds will influence the human brain. Although scientists have conducted some studies to examine how, for instance, marijuana smoking impacts judgment and reaction times; these studies are far from conclusive. This allows wild speculation to flourish not only among the punditocracy but also among addiction experts themselves.

If Charlie Sheen did “X” amount of drugs, what impact might that have on his brain? On his behavior? On the possibility of his getting his Two and a Half Men role back from Kutcher? The answers really are very difficult to say – and not just because Sheen’s public persona has been so tempestuous and difficult to understand. In fact, different drugs – and combinations of drugs – have wildly different effects on different people’s brains at different times.

Thus, if you’ve been pulled over and charged with a drug DUI in Burbank (or elsewhere), one of the first things that you and your Los Angeles criminal defense attorney will likely discuss will be the details of the arrest and what you did/consumed on the day/night of the arrest. Your personal history with drugs and alcohol; how your body and brain typically process these substances; whether you’ve been arrested in the past and for what; and what tests were used by the police can all have an enormous bearing on your potential defense.

Attorney Michael Kraut of Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) can speak with you about how to develop and follow-up on the most appropriate and efficient defense. Mr. Kraut has a peerless reputation as a Los Angeles DUI expert – he is often called upon by major media to weigh in on breaking LA DUI news, and he served almost 15 years as a prosecutor for the city before choosing to “switch sides” and start representing criminal defendants.

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Driving under the influence in Pasadena with a blood alcohol concentration of 0.17% – more than twice the legal limit – is very likely to get you into trouble. Sergio-Kindle-DUI.jpg

If you doubt this notion, just talk to Ravens’ rookie linebacker Sergio Kindle. The 23-year pled guilty last Tuesday in a case stemming from a December 2010 arrest. Police pulled Kindle over the day after Christmas on Interstate 95 and later tested him at a county detention center to discover that he had a BAC of a whopping 0.17%. That’s easily enough to constitute DUI in Pasadena, Glendale DUI, Burbank DUI, or Los Angeles DUI.

According to a Washington Post blog report on Kindle’s guilty plea, the linebacker will get two years of unsupervised probation and mandatory treatment and self-help meetings. If he violates the terms of the probation, Kindle could face nearly a full year behind bars. If the judges in Maryland take DUI probation violations as seriously as the judges do here in Los Angeles (ask Lindsay Lohan!), Kindle has plenty of motivation to reel in his behavior. The judge in this case allowed the probation because Kindle demonstrated “positive steps” during his rehabilitation. He spent five days in a facility in Owings Mills to get treatment for alcohol abuse, for instance.

Kindle also issued a statement of contrition during the hearing: “I am very remorseful for my actions. I am held to a higher standard and people look up to me. I see that it’s a problem and I am here to get it treated. I want to continue to address this as long as need be.”

When someone gets pulled over for DUI in Pasadena, the police will often subject them to tests known as Field Sobriety Tests, or FSTs. These involve observations, analyses, and physical and mental challenges to help the officers ascertain whether or not you are under the influence.

One of the first tests is something called a horizontal gaze nystagmus test. A police officer will test the motion of your pupils by flashing a flashlight in your face, for instance. Delayed pupil response may indicate that you are DUI. Other tests could involve balancing on one leg, tilting your head backwards, pacing back and forth across a white line, and even extending your arms in both directions, then closing your eyes and then trying to touch your nose with the tips of your fingers. Police may ask you to recite the alphabet backwards or count backwards. And your results in the tests may be combined with other kinds of assessments – if you are visibly intoxicated, stumbling, uncoordinated, smell like alcohol or admit to having consumed alcohol, the police will be more suspicious that you are actually DUI.

A Los Angeles Criminal Defense Attorney – such as Michael Kraut of Pasadena’s Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can help you respond in a smart and proactive way to the charges against you to help you save your license, potentially avoid jail time, and regain a modicum of relaxed control of your life.

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Not EVERY sports celebrity has been pulled over on charges of driving under the influence in Long Beach (and elsewhere) this year. But it sure seems that way, sometimes, doesn’t it? The sheer number of sports celebs who’ve been tagged in 2011 for driving under the influence in Burbank, Glendale DUI, Pasadena DUI, Los Angeles DUI, etc, is, in a word, disconcerting.shin_soo_choo-dui.jpg

The latest big sports related DUI arrested occurred last Monday morning, when Shin Soo Choo, an outfielder for Cleveland Indians (the MLB’s best team, currently) got arrested for DUI in Sheffield Lake, Ohio. USA Today reported that Shin Soo Choo became “the sixth major leaguer cited for a possible DUI this year… he joins Detroit’s Miguel Cabrera, Seattle’s Adam Kennedy, Cleveland teammate Austin Kearns, Atlanta’s Derrick Lowe and Oakland’s Coco Crisp as players arrested on suspension of DUI.” Is it just quirky that so many sport celebs have been arrested for DUI? Or are quirks becoming the norm this year?

Here is an argument for the second interpretation: A Connecticut women actually delivered her child at a DUI checkpoint! This story comes courtesy of www.whac.com: “Bethel and Trevor Hairston were in their Plainfield, Connecticut home Saturday night when Beth went into labor. When they hit a DUI checkpoint, Trevor tried to roll through it… “I kind of did a California role. I didn’t really stop, but I just rolled up the window and said ‘my wife is in labor, we’re going!’… a police officer got into the car with them to help to deliver the baby. Ten minutes after stopping at the checkpoint, baby Christian Hairston was born at exactly 1 am in the passenger seat of the Hairston’s car.”

So, we’ve got lots of sports stars getting arrested for DUI, a couple giving birth at a DUI checkpoint, but no additional lawnmower DUI arrests (at least according to a recent scan of Google News).

The symptoms of Long Beach DUI often mimic “symptoms” of other conditions – such as fatigue, stress, disease/exhaustion, and yes, even pregnancy. If an officer notes that you seem shaky, wobbly, disoriented, uncoordinated, unable to explain where you’ve been, nervous, agitated, etc, he or she will be more suspicious that you might be DUI. But as the story about the Hairstons proves, not everyone who acts oddly – for instance, rolls through a DUI checkpoint – is breaking the law or even fractionally intoxicated.

To develop a smart defense to charges against you, connect with a Los Angeles criminal defense attorney, like Long Beach’s Michael Kraut (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454). Although Mr. Kraut cannot guarantee that your charges will be dismissed or reduced, he can leverage his 14 plus years as a former prosecutor, excellent record at jury trials, deep relationships with prosecutors, and strong knowledge of Los Angeles DUI law to improve your odds of getting good results.

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We expect LAPD officers to pull people over and arrest them for crimes like driving under the influence in Los Angeles; what we don’t expect is for police officers to speed the wrong way down the Sepulveda Tunnel on their motorcycles and then themselves get busted for misdemeanor DUI.police-officer-dui-2.jpg

But that’s exactly what officer Joseph M. Bezak stands accused of.

Bezak’s saga illustrates that, just because you’re educated about the dangers of driving DUI in Glendale, DUI in Pasadena, DUI in Burbank, or DUI in LA doesn’t mean that you’re going to use good judgment all the time.

Last week saw some major breaking Burbank DUI news – the Ventura County District Attorney’s Office released memos showing that Intoximeter’s Alcohol Sensor V breathalyzer tests — used in the field between January 20 and March 31st this year — have demonstrated “erratic results.” The upshot is that many people arrested for crimes like Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI over past three months might have been victimized.breath-test-LA-DUI.jpg

According to reports, an officer in the field discovered the defect in the new breathalyzers. He reported the problem, and the police quickly pulled the machines from the field (128 devices total – each one worth approximately $4,800!).

Further testing revealed that chilling the machines skewed their readings. Officers get four hours of training on breathalyzers before they use them in the field. Intoximeters Incorporated (a St. Louis Company) allegedly put the devices through pretty vigorous beta testing. But despite these precautions, serious design flaws persisted. Tragically, the flaws may have lead to the unjust arrests and convictions of many people in 2011.

As this Burbank DUI blog often points out, the legal limit (stipulated by California Vehicle Code Section 23152(b)) for driving under the influence in CA is 0.08% BAC. This means, in other words, if you blew into an Alco-Sensor V machine and got a reading of, say, 0.10% BAC, you might have been arrested for a crime you didn’t actually commit.

An experienced Los Angeles Criminal Defense Attorney, such as Michael Kraut of the Kraut Criminal & DUI Lawyers (offices in Burbank at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810), would point out that breathalyzers in general have far more flaws than the public typically knows about.

Men and women, for instance, process alcohol differently. Diabetics and dieters often produce chemical compounds known as ketones on their breath which can generate “false positives” on BAC tests. The devices may be poorly calibrated or misinterpreted. The devices may also malfunction under certain pressure and temperature conditions –witness what happened here with the Alco-Sensor V debacle.

This breathalyzer disaster also drives home how important it is for defendants to work with high-quality attorneys. When you are charged with a DUI, not only can lose your license, but you can also be slapped with penalties such as fines, court costs, jail time, mandatory probation, mandatory IID installation, and alcohol school. You may also face negative repercussions for your career and reputation.

Attorney Michael Kraut of Los Angeles’ Kraut Criminal & DUI Lawyers can speak with you about how and why you got pulled over for Ventura County DUI and explain your rights, responsibilities, and “best path” forward, so you feel more comfortable and secure about the direction of your defense.

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Long Beach DUI blogs, like this one, typically don’t stretch to include extraneous news events, like the April 29 royal wedding in Britain. But some interesting controversies regarding the wedding plans may shed light on crucial issues relevant to anybody who has been tagged for Los Angeles DUI, driving under the influence in Burbank, driving under the influence in Pasadena, Glendale DUI, and so forth.kittle-dui.jpg

Before we get to the main event, let’s briefly recapitulate a breaking story out of Hamilton County, Indiana. Last Tuesday, James Kittle, the 67-year-old former head of the GOP in Indiana, pled guilty to a misdemeanor DUI charge and managed to avoid jail time.

According to news reports, Kittle got arrested in mid December 2010 in Carmel. Not only did he fail a field sobriety test, but he also blew a 0.10% on a breathalyzer – as our regular readers know, Long Beach DUI breathalyzer results of 0.08% or higher will be enough to get you arrested for the crime of DUI pursuant to California Vehicle Code Section 23152(b). Kittle stepped down as the Indiana Republican Party chair in 2006 – he had been considering trying to re-up, but his arrest put a crimp in those plans.

Meanwhile, the Huffington Post reported on April 12th that the royal wedding may “serve as a rehearsal for Queen’s funeral.” HuffPo quotes an unnamed royal aid in the British paper, Express: “obviously we all hope such a sad event will be a long way off – Her Majesty may be 84, but she is in very good health…(nevertheless) we need to rehearse logistics and timing for what will be a huge ceremony. It may seem odd to think about his grandmother’s demise at the same time as William’s wedding, but having all these diplomats and VIPs in London on April 29 makes it sensible to run through the procedures and things like seating plans.”

Wow. It’s definitely a little bit macabre. But it’s not the only strange aspect of the wedding – another wrinkle, which may be relevant to the Long Beach DUI blogosphere, albeit very indirectly, has to do with the bride-to-be’s mother’s diet. The Dukan diet – a French concoction that emphasizes low carbohydrate, high protein, low fat — is a fad diet that’s sweeping not only Britain but also the United States. It differs from other low carb diets, such as Atkins, because it emphasizes high protein instead of high fat. Without delving into the debate over which method is safer or better, individuals who are on the Dukan diet may want to take extra care when driving along the freeways and surface streets around Long Beach and LA.

When you restrict carbohydrates in the diet, as we discussed in a post last week, your body can produce chemicals called ketones. These chemicals can show up on your breath and skew your breathalyzer readings, as Protein Power’s Dr. Michael Eades and other experts on the subject of carbohydrate restriction have discussed. The moral here is: if you’re trying to emulate the princess-to-be’s mom’s weight loss by going on the Dukan diet, be on the lookout for this potential problem. If you do get pulled over, for whatever reasons, your breathalyzer results may be way off.

For help developing a defense to a DUI charge, connect with a Los Angeles criminal defense attorney. Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) would be happy to discuss your situation. Trust this former prosecutor to give you excellent, actionable advice, and help you build a strategy.

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If you’re caught driving under the influence of alcohol or drugs in Pasadena, and you’re a normal citizen (or a sports star or celebrity), chances are, you will receive your fair share of censure from friends, family, and even the public at large. judge-dui.jpg

But if you’re a judge whose job it is to oversee a DUI court, prepare to be roasted. Judges and lawyers who specialize in DUI in Pasadena, DUI in Glendale, DUI in Burbank, and Los Angeles DUI are (and should be) held to a higher general standard of behavior. Unfortunately, as we will see in this blog post and a related post later this week, even people like judges and attorneys can make grievous driving errors that can have profound consequences for their careers.

To wit, let’s turn our attention to the story of Robert E. Lee (his real name), a justice of the peace in Butte, Montana. He was arrested in November 2010 for driving under the influence of drugs. An AP article last Friday recapitulated the justice’s strange November day.

On November 13th, Lee drove to the Butte Silver Bow County Courthouse and asked officers to let him in because he needed to perform duties at a wedding. According to testimony, “Lee appeared confused and under the influence of alcohol or drugs.” Lee had parked his vehicle in a handicapped zone behind the Courthouse, and investigators found his credit cards and driver’s license scattered on the ground. Suspicious, police asked the judge to perform a field sobriety test, which he failed. The judge later was asked to take a blood test; this test revealed the presence of methadone, and opioid medication designed for anti-anxiety purposes. Officers later found an empty bottle of methadone at the judge’s house – according to the AP: “the 60 tablet prescription had been filled 9 days earlier.”

If you’re arrested for drug related DUI in Pasadena (or elsewhere in Southern California), you can face serious consequences, including prison time, license suspension, strict probation terms, massive fees and fines, and a general degradation of your professional reputation – particularly if you’re a DUI Judge. Since Lee’s charge was a misdemeanor, he should be able to remain on the bench – though it’s not clear whether he will continue to be allowed to set up the DUI court.

Do you or someone you care about need assistance from a Los Angeles criminal defense attorney to battle charges of Pasadena DUI? If so, consider connecting with former Deputy District Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers (located conveniently in Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut can give you the guidance and compassion you need to make headway against your charges. He has a fantastic record at jury trials, a deep understanding of LA DUI law in both theory and practice, and a reputation for getting results for his clients even in extremely difficult circumstances.

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If you’ve been stuck on Victory Boulevard or Burbank Boulevard in heavy traffic, chances are you’ve had the opportunity to gaze at billboards for lawyers who specialize in Los Angeles DUI and criminal defense. Whatever you feel about the attorneys who put up these ads, you’d think they’d know enough to stay out of trouble themselves.burbank-dui-arrest

Unfortunately, even legal professionals, judges, police officers, and law makers who encode the laws for Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI can lose their bearings and get into trouble with our state’s anti-DUI laws.

Although say today’s blog post is about an event out of Orange Country, Florida, its implications for DUI defense are pretty universal. Let’s take a look:

A Florida DUI lawyer had been returning home with a companion, when the companion ran a red light and got stopped by a police officer. The attorney pulled over to check on his friend. As he walked over, the officer noted that lawyer appeared to be stumbling; he suspected the attorney of driving under the influence.

According to the attorney’s report, he had indeed imbibed two drinks over the evening. But he vehemently denied that he was over the South Florida (and Burbank DUI) limit of 0.08% BAC. “[The attorney] brushed off the officer’s allegation as absurd: ‘How can you see one staggering when you’re walking through a grassy median makes no sense.’

The attorney refused to take a field sobriety test but agreed to take a blood test. But when he arrived at the Orange County jail, he was not offered a blood test. According to Allen Moore, a spokesman, the jail does not conduct blood tests. The attorney, a former Sheriff’s Detective, made a $500 jail bond and left jail just after 9 am.

Was the attorney treated fairly by police? Without deeper analysis of what happened, it’s impossible to say. News reports like these often unwittingly bias readers one way or another – as with any Burbank DUI situation, the only way to really get at the truth is to engage in a long and discerning probe of the evidence and testimony.

Unfortunately for the attorney, irrespective of whether he can vindicate himself and clear his record, his business may suffer. He contends that the officer who arrested him knew him by name, and that that’s why the arrest occurred. Here’s exactly what he said: “100%, the facts will show that [he] was not impaired while driving. He was not even cited for any traffic violations, had stopped to assist another motorist, a friend, and then was detained by an overzealous OPD officer they knew me by name and immediately detained me.”

The major takeaway here is that DUI arrests can be scary, no matter how well you know the law, and no matter how trained you are. To get over that feeling of overwhelm and anxiety, consult with a Los Angeles criminal defense attorney with a great record at jury trials, and lots of experience as a former prosecutor. Connect with Mr. Michael Kraut of the Kraut Criminal & DUI Lawyers in Burbank at 
2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810 to get a free and completely confidential consultation about what to do next.

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