Articles Posted in Hit and Run

Hopefully your Glendale DUI accident and/or arrest was not nearly as horrendous as was 20-year-old Karlie Tomica’s. dui-homicide-los-angeles.jpg

The South Beach, Florida bartender recently pled not guilty to DUI manslaughter charges stemming from the hit-and-run death of Stefano Riccioletti, a chef at the local Shore Club. The Circuit Judge in the case set bail for the so-called “Party Princess” (her Twitter handle) at $77,000 because of the brutal facts about the fatal crash.

Local police from Miami Beach allege that Tomica sped into Riccioletti, while he was walking to work early morning January 28. The following description is pretty graphic, so feel free to skip to the subsequent paragraph if you don’t want to have to read these difficult words: “the impact was so violent that her car was severely damaged, covered in skull fragments and brain matter… A nearby street barricade was painted in blood… Tomica refused to stop, and started driving several miles to her 17th floor condo, even as a good Samaritan followed and tried to get her to stop.”

Ultimately, the police caught up with her and took her to the station, where they gave her a toxicology test. They found that she had a staggeringly high BAC of 0.225%. For you record keepers, that’s nearly three times the legal limit for driving under the influence in Glendale. Meanwhile, they also found she had stolen another woman’s driver’s license (likely to use to buy the alcohol).

It’s really a very sad situation. Not only will this woman now face a DUI manslaughter charge, but she will also face many ancillary charges. It goes to show that DUI drivers often engage in not just one but multiple acts of incompetence or bad decision making — creating a kind of a “bad move” snowball effect.

It would have been bad enough if she just hit and killed the chef while DUI. But she insisted on driving home after the fact, so now she will be saddled with an additional hit-and-run charge.

This “making a bad situation worse” behavior does NOT indicate a fundamental lack of moral fortitude. It just suggests that one bad decision can trigger multiple bad decisions. The famous rock group, Pink Floyd, put it best in their song “A Momentary Lapse of Reason”: “one slip, and down the hole you fall. It seems to take no time at all. A momentary lapse of reason that binds a life to life. It’s a small regret, and we won’t forget, there’ll be no sleep in here tonight.”

Of course, after your momentary slip (or slips) of reason, you still need and deserve a solid defense. Connect with the Glendale DUI defense lawyer Michael Kraut now for a free consultation. Attorney Kraut is a Harvard Law School educated ex-prosecutor who has plenty of experience and tremendous compassion for DUI defendants.

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If you were recently busted for DUI in Beverly Hills, you’re probably hugely embarrassed as well as frightened about serving time in prison, seeing your license suspended, and so forth. WILLIAM-HOLLAND-DUI.jpg

Whether you’re a film producer, celebrity, entertainment executive, or even somebody who works outside of the industry (believe it or not, people like that do exist here in Beverly Hills), you’re vexed. You are not the “type of person” who gets into trouble with the police.

Perhaps your arrest was a fluke. Maybe you had one too many cocktails at an advertiser’s fundraiser on Wilshire and then got behind the wheel when you really shouldn’t have. Then the police stopped you, and the drama began. Or maybe you only had one or two drinks but, for whatever reason, the police pulled you over and you blew a 0.09 BAC on the breathalyzer test–above the limit for Beverly Hills DUI. So now you’re in this awful situation.

Understand this: What happened to you can happen to anybody.

Consider the case of 61-year-old William Holland, the Auditor General for the State of Illinois, who was cited several weeks ago for driving under the influence in the town of Springfield. The arresting officers noted that the Auditor General “had a very strong odor of an alcoholic beverage on his breath,” as well as “red bloodshot glassy eyes.” As regular readers of this blog know, these are classic symptoms of Beverly Hills DUI, as well.

Other common signifiers of potential alcohol use and DUI include:

• Slurred speech;
• Inability to answer officer questions;
• Failure to perform mentally or physically on field sobriety tests (like the finger to the nose test or the count backwards by 3 test;)
• Strange behavior–such as overly aggressive behavior towards officers.

Of course, as we’ve discussed before on this blog, alternative explanations for the “DUI symptoms” can exist.

For instance, if you’re exhausted from a hard day of negotiating with potential ad buyers, you might exhibit signs of fatigue, non-responsiveness, and bloodshot eyes. If you get really nervous in front of police, you might be unable to answer certain questions.

The point is not to suggest that your Beverly Hills DUI arrest wasn’t cut and dry–perhaps it was.

Rather, it’s that you should understand that anyone can make substantial errors behind the wheel. Holland was a powerful and widely respected (by both sides) watchdog–someone the government trusted to ensure and fair behavior. He helped prosecutors impeach and ultimately convict former state governor Rod Blagojevich, who began a 14 year prison sentence last year for a slew of corruption charges.

Connect with a Beverly Hills DUI defense attorney at the Kraut Criminal & DUI Lawyers for an insightful, thorough, and creditable defense help. Mr. Kraut and his team can help you get your life back on track and put the unfortunate and humiliating event behind you for good.

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The Burbank DUI arrest process is scary, frustrating, and overwhelming – even if you cooperate with officers, avoid making stupid mistakes, and generally keep your cool.resisting-arrest.jpg

Unfortunately – as we have detailed many times in this blog – DUI suspects often act in ways that radically alter the legal landscape and complicate their chances for developing sound defenses.

Take the case of Ohio DUI suspect Delvin Dewayne Williams, who was recently arrested by Dalton, Ohio police for “allegedly dragging and injuring a police officer while resisting a DUI arrest.”

Now, instead of facing simple but ultimately resolvable charge such as misdemeanor DUI (similar to a standard Burbank misdemeanor DUI charge under CVC Sections 23152(a) or 23152(b)), Williams faces a veritable rainbow of charges including: “Aggravated battery, simple battery against Law Enforcement personnel, first degree forgery, DUI, willful obstruction by threat or violence (two counts), giving false information, reckless driving, and failure to yield when entering or crossing a roadway.”

Yikes.

Here is a more blow-by-blow description of what Williams allegedly did after being pulled over at a service station near Highway 41 and Shugart Road. An officer walked Williams through multiple field sobriety tests and gave him a breath test. Williams allegedly clocked in at 0.23 BAC – nearly three times the limit for a Burbank DUI, according to CVC 23152(b).

The real action began when a police officer named Collins tried to take the suspect into custody. As reported on www.chattanoogan.com: “[Williams] resisted, breaking free and getting into his car. Officer Collins chased Williams and went halfway into the driver’s side door to try to pull Williams back out of the car. Williams managed to start the car and began to accelerate sharply, dragging the officer from the door, and throwing him from the car as he headed towards the highway.”

It took police officers a day or so to track Williams down (he fled after his escape). But now that he is in custody, he faces a barrel of legal trouble. He is actually lucky, in some sense, because he could have severely hurt or even killed the police officer during the getaway. If that had happened, he could have faced monumental charges, including life in prison.

This case illustrates a point that any reputable Burbank DUI criminal attorney will emphasize to you: What you do after your DUI arrest or stop matters profoundly.

It’s important to keep your head. Even if you have made mistakes (driven away from the scene of an accident, for instance) the more mistakes you add to those, the more trouble you’ll likely be in. Obviously, when your adrenaline is rushing – especially if you are simultaneously under the influence of drugs or alcohol – you stand a good chance of making irrational and dangerous decisions. But take some time to compare the differences in the Burbank DUI penalties for first-time, nonviolent misdemeanor arrests against penalties for Burbank DUI with hit-and-run, injuries, or other charges. There’s a world of difference.

Whatever happened to you, it’s never too late to start making sensible decisions. Connect with Burbank’s Kraut Criminal & DUI Lawyers (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810) today to get a complete analysis of your options. For nearly 15 years, attorney Kraut worked as a prosecutor, rising to the level of Senior Deputy District Attorney for Los Angeles. He uses all of his experience, talents, and relationships with members of the Burbank DUI legal community to help his clients meet their needs.

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Last week, 30-year-old fire department captain John David Hines was convicted of an April Fool’s Day Long Beach DUI hit and run. According to an L.A. Times report, the captain had a blood alcohol concentration of nearly three times the legal limit for Long Beach DUI (according to California Vehicle Code Section 23152: 0.08% BAC) when he slammed into 47-year-old bicyclist Jeffery Gordon and sent the man flying more than 70 feet.hines-dui-penalties.jpg

Hines will serve 90 days in a California prison and may face a jail sentence of up to six years, depending on how things go during his sentencing hearing on December 2.

According to the Times, “Hines pleaded guilty to felony driving under the influence of alcohol causing bodily injury [in Long Beach], driving with a blood alcohol over the state limit and hit and run with injury. Because his blood alcohol level was so high, he was also convicted of several sentencing enhancements.”

This last bit of information – about how his sentence was increased because of his excessive BAC level – should be of interest to anyone recently arrested for a similar crime.

The public may believe that a Long Beach DUI is a Long Beach DUI is a Long Beach DUI. But that’s far from the truth. Innumerable factors can influence sentencing, including whether you hurt anyone, whether you fled the scene of the accident (hit and run), how far under the influence you were according to breathalyzer and blood tests, and so on.

In a “best case” scenario, your Long Beach DUI criminal defense attorney might be able to clip your sentence down or even get the charges dismissed altogether. But if you killed someone while DUI, depending on the circumstances, you could be face a DUI murder charge and wind up with life behind bars.

This is a huge range of possible punishments.

And while there is obviously no “one-size-fits-all” solution to Long Beach DUI charges, your choice of attorney can make an enormous impact on your ultimate outcome. Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) can clarify your options and develop a strong case for you. Attorney Michael Kraut served as a prosecutor for nearly a decade and a half – this fact gives the Harvard Law School educated attorney a huge advantage when building DUI defenses. He also can leverage his excellent jury trial record, status as a Long Beach DUI media observer, and relationships with the legal community to get you the results you crave.

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The dark side of driving under the influence in Glendale (or really, anywhere in the United States) is that fatal accidents can strike anywhere, anytime, and to anyone. A vivid example of why it’s so important to beat the problem of Glendale DUI, Burbank DUI, Pasadena DUI and Los Angeles DUI occurred the Saturday before last, when a Boulder, Colorado woman, 32-year-old Lisa Norton, was arrested on a smorgasbord of charges, including DUI-related vehicular homicide. DUI-escape-in-Reservoir.jpg

Norton allegedly crashed her Ford pick up into a Nissan coup at around 6:30 PM, killing the driver, 33-year-old Gabriel Nielsen, and severely hurting his wife and young child. After the crash, Ms. Norton allegedly fled the scene by diving into the nearby Clover Basin reservoir. Area boaters eventually fished her out of the water and delivered to her to Longmont Colorado police. According to her arrest warrant affidavit: “Witness statements from the boaters indicate that Ms. Norton was combative and denied having any involvement in the crash…that she was combative and verbally abusive to both officers and rescue personnel who were attempting to render aid.”

All told, her charges include:

• DUI homicide
• Failing to remain on the scene of a crash resulting in death
• Two counts of DUI vehicular assault
• Two counts of reckless vehicular assault
• DUI
• Driving with a revoked license
• Failing to provide proof of insurance
• Possession of drug paraphernalia (a glass marijuana pipe)
• Child abuse causing serious bodily injury
Obviously, any Glendale DUI homicide is a serious and horrific situation. But many defendants needlessly complicate their situation by assaulting officers, fleeing the scene, acting belligerently, or otherwise “digging their hole deeper.” These acts will ultimately make the job that your Los Angeles criminal defense attorney has a lot more difficult and challenging. Much like how panicked investors throw good money after bad, recently arrested Glendale DUI suspects often radically compound their own problems.

Fortunately, there is a smart way to begin to get clarity on your situation and to stop the downward spiral. Connect with Glendale’s Kraut Criminal & DUI Lawyers (located at: 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) to start to synthesize and execute a smart strategy. Attorney Michael Kraut is a former prosecutor who has a terrific record at jury trials and glowing reviews not only from past clients but also from legal peers and respected figures in the media.

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Most celebrity arrests for driving under the influence in Los Angeles are relatively pedestrian as far as the details are concerned. Yes, you can occasionally find salacious stories – such as Mel Gibson’s famous anti-Semitic rant or Lindsay Lohan’s notorious probation violation situation. But most celebrity arrests are simply workaday examples of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI.estella-warren-dui.jpg

Not so for Planet of the Apes star and model, Estella Warren, who was arrested last Monday. Her arrest took multiple bizarre twists. The following details are cribbed from an E-online news report:

• Ms. Warren drove into three different trees before getting pulled over for DUI.
• After police caught her, she literally kicked one of them.
• She failed a Los Angeles DUI field sobriety test – in the words of the E-online reporter, “go figure”…but that wasn’t the end of her adventure.
• During her booking, Ms. Warren slipped out of her handcuffs (helps to have really thin “model” wrists, apparently) and tried to flee the police station. Officers quickly apprehended the Sports Illustrated Swimsuit Model and tacked on yet another charge – felony escape.
• She was booked as being aged 40 years old… when she has publicly declared herself to be just 32.
• Due to the hit and run, escape attempt, and other factors, Ms. Warren’s bail was set at a whopping $100,000.

So what are the lessons we can learn from this escapade?

First of all, if you’re looking to try to pass your field sobriety tests (such as horizontal gaze nystagmus test, finger to the nose test, counting backwards by 3s, etc.), it’s probably a good idea to avoid actively kicking or assaulting the officers conducting the tests on you.

Secondly, Ms. Warren’s post-arrest hysterics illustrate clearly that your behavior following an arrest can have profound ramifications for your potential sentencing. The more charges you rack up, the more difficult it will be for your Los Angeles criminal defense attorney to develop and push forward a strategic defense for you. Even if you manage to get the hit and return DUI dismissed or at least plead down to a lesser charge, you will still have to face other charges from your continued misbehavior – in Ms. Warren’s case, for instance, the felony escape charge.

All that said, facing a Los Angeles DUI charge is neither easy, nor simple. And you may face a surprising amount of hostility – whether you are a celebrity or not – not only from the popular press but also possibly from friends, colleagues, families, and even yourself. Attorney Michael Kraut of the Kraut Criminal & DUI Lawyers in Los Angeles (6255 Sunset Boulevard, Suite 1520, Los Angeles, California 90028) can give you practical, immediate assistance building a defense. As a former prosecutor of DUI crimes, Mr. Kraut understands how the lawyers working against you think and what motivates them – and he has a stellar record at jury trials and great relationships with people in the legal community.

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Gary Collins, the ex-host of “Hour Magazine” and the Miss America Pageant (1980 to 1988) may soon be arrested for a hit and run DUI in Mississippi, according to celebrity Los Angeles DUI blogs. gary-collins-dui.jpg

Although the 72-year old has not yet been arrested for DUI in Los Angeles, DUI in Burbank, DUI in Glendale, or DUI in Pasadena; he does have multiple DUI arrests on his record. In fact, in 2007, Collins got involved in a fatal accident while driving under the influence of alcohol. The police later determined that he did not cause the accident. Thus, he only faced a punishment of 4 days in prison and 4 years probation, after he pled no contest to charges against him. However, over the past 10 years, he has been arrested 3 times for DUI. During one incident, Collins allegedly had been driving with a blood alcohol concentration of 0.29% — more than 3 times the legal limit for Southern California DUI of 0.08%.

In this latest incident, Collins allegedly slammed his white jeep into the back of a car driven by a local woman named Cheryl Hales. After initially exchanging words with Hales and her husband, he fled the scene. According to reports, the former Miss America host “wasn’t concerned for my wife’s wellbeing… he wasn’t concerned for my child’s wellbeing. He simply walked over, got in his vehicle, and left.”

The latest news reports suggest that the Mississippi police are preparing an arrest warrant for the celebrity, who once appeared on shows like Charlie’s Angels and The Love Boat. Collins is married to Mary Ann Mobley, who once won the Miss America crown.

What lessons can we extract from this story?

One important point is that California law seeks to punish recidivist (repeat) DUI drivers by ratcheting up penalties for multiple offenses. For instance, a first misdemeanor DUI offender may be hit with serious penalties – such as 48 hours in jail, fines of $1000 on top of court costs, a full year of CA driver’s license suspension, mandatory alcohol school, serious probation, and mandatory interlock ignition device installation. But these admittedly strict penalties can really only constitute the beginning of what the court can throw at you.

If you are convicted a second time for Los Angeles DUI within a 10 year period, you face more jail time, more alcohol school, a license suspension that’s twice as long, bumps in your court costs and fines, and more.

If you get convicted three times within 10 years, your jail time leaps up to 120 days minimum… with a maximum of a full year behind bars. Your alcohol school time goes up, as does your license suspension, fines, and other penalties.

If you get convicted four times or more within 10 years, a standard misdemeanor might be bumped up to a felony. A felony is a much more serious charge than a misdemeanor. If you are convicted of a felony, you can permanently lose many rights you now have as a citizen.

In the case of Collins, the fact that he fled the scene of the accident (allegedly) might elevate his charge from a misdemeanor to a felony, even if it were his first offense.

Whether you face a simple charge of non-injury DUI in Los Angeles; or you face a much more complicated and multi-layered charge of hit and run injury DUI in Pasadena, you could benefit significantly from consulting with a reputable and credentialed attorney.

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Last Monday, a fatal Los Angeles DUI incident shocked and outraged the community. A black BMW swerved out of control into a pedestrian, killing him, and then crashed into a school bus, injuring dozens of kids. If you have been recently arrested for a non-injury DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI in Los Angeles; this horrific story can serve as a crucial cautionary tale.school-bus-crash.jpg

According to UPI reports, several witnesses saw a BMW fly through a red light, slam into a pedestrian, and then crash into a bus carrying students from Los Angeles’s Roosevelt High School, flipping it over onto a Metro Link platform. After the crash, the BMW’s driver and a passenger got out of the vehicle and tried to escape on foot. But a pair of construction workers saw them, ran after them, and detained them until police showed up and took them into custody. Of the 54 students on the bus, 16 got treated for non-critical injuries.

If the allegations turn out to be correct – that the BMW’s driver did hit and kill someone while DUI and then fled the scene of the crime – then the driver could get into profound amounts of trouble. The state takes the crime of driving under the influence extremely seriously. Even if you don’t hurt anyone or cause any property damage, if you get behind the wheel of a motor vehicle with a blood alcohol concentration of 0.08% or higher, or if you otherwise drive under the influence of alcohol, drugs, or even prescription medications, you can be arrested and charged pursuant to California Vehicle Code Sections 23152 (a) and/or 23152 (b). Your punishments can range widely and can include jail time, license suspension, extremely strict probation terms, steep fines and court costs, and mandatory interlock ignition device installation.

If you hurt someone while driving under the influence in Pasadena or elsewhere in the Southland, your charges can be ratcheted up significantly. Then you might be subject to California Vehicle Code Sections 23153 (a) or 23153 (b), which elevate what might be a misdemeanor charge to a felony — a significantly more substantial charge.

And if you drive while DUI and cause someone’s death, you can be hit with a variety of charges, depending on the circumstances of your accident, including:

• Vehicular homicide
• Vehicular homicide with gross negligence
DUI murder (aka “Watson murder”)

If you face any DUI count, a conviction can impact your financial future and even your freedom. To protect yourself, consider retaining an experienced Southern California DUI attorney.

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Last Sunday, residents of the sleepy town of Danville witnessed a shocking multiple hit and run Southern California DUI rampage involving Cainan Schierholtz, the brother of Nate Schierholtz, an outfielder for the San Francisco Giants. All told, the 23-year old Schierholtz allegedly hit a bicyclist, a pedestrian, and several cars and trucks before he was stopped.schierholtz-dui.jpg

Diagram of a Rampage
The insanity began around 10 in the morning on Sunday, when police officers heard a report that someone was driving DUI near Railroad Avenue and Danville Boulevard. Schierholtz by that time had probably already hit his first victim – a bicyclist on Danville Blvd. Rather than stop to help the bicyclist, Schierholtz continued forward and rammed into a pedestrian. Again, he did not stop and instead swerved into another lane and slammed into a pickup truck. Again, he didn’t stop. He pulled onto Linda Mesa Avenue and smashed into a Lexus SUV. Meanwhile, the driver of the pickup followed him onto Montair Drive.

The suspect was cornered on that dead end street and blocked by the pickup truck. He was at that point driving with his airbags deployed (but still managing somehow to move forward). But because the pickup truck blocked him, he got stuck. The pickup truck driver and local neighbors surrounded and subdued him before police got to the scene and arrested him.

Schierholtz was held on $350,000 bail and charged with multiple counts of Southern California DUI causing injury, three counts of injury hit and run, and two counts of property damage. And to top it off, the 23 year old was charged with driving without a license.

Fortunately, no one appears to have been severely injured during the rampage. But Schierholtz faces a huge legal battle. According to California Vehicle Code Sections 23153 (a) and 23153 (b), a typical count of Los Angeles DUI can be elevated to a felony if a driver under the influence causes injury to another person. Felony charges are more serious than misdemeanors. If you are convicted of a felony, for instance, you will lose your right to vote, and you may find it very difficult to get loans, find employment, and qualify for a lease on a car or an apartment.

If you are arrested for a DUI in Glendale or DUI in Pasadena and charged with injuring someone while under the influence, you will need to put together a strategically engineered defense. Depending on the circumstances, you could try to get the charges dropped altogether. In other cases, you may seek to plea bargain down the charges. For instance, in exchange for prosecutors not charging you with injury DUI in Pasadena, you might accept a lesser charge of a simple Los Angeles DUI, pursuant to California Vehicle Code Sections 23152 (a) or 23152(b).

In any event, chances are that you need a time tested attorney on your side to advise you and suggest a strategic way forward.

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Actress Heather Locklear, star of the TV series “Melrose Place,” was hit with a misdemeanor hit-and-run charge Saturday; her case could be vastly complicated by her previous arrest for driving under the influence in Southern California in September 2008. According to the Deputy District Attorney for Santa Barbara, Lockley “could be facing a maximum of 90 days” in prison, if she’s convicted of violating her Los Angeles DUI probation.heather_locklear_dui.jpg

Play-by-play of the crash and arrest
On 4 A.M. Saturday night, a local Ventura County resident woke to the sound of a violent crash near his house. He investigated and saw a car smashed into a “no parking” sign. The driver peeled off. Concerned, the witness called the police, who investigated and connected Heather Locklear with the crash. Her black BMW had damage to its tire well that matched perfectly with damage to the “no parking” sign.

The police captain who cited Locklear did not handcuff her or take her to the station. Nevertheless, a court date has been set for May 17. (After her 2008 arrest, the 48-year-old actress was sentenced to 12 hours of road safety training, a $700 fine, and three years probation–in exchange for getting her Southern California DUI charge dropped.)

Whether a celebrity has been arrested for DUI in Burbank or for driving under the influence in Long Beach, she can be charged according to two DUI laws: California Vehicle Code Sections 23152 (a) and 23152 (b). The first statute says that if police stop you for driving under the influence of alcohol or drugs, they can arrest you and charge you with a misdemeanor or felony. Convicted offenders face jail time, suspension of California’s drivers license, points on the DMV record, and major fines and court costs. 23152 (b) defines DUI in Southern California “per se” as having a blood alcohol content (BAC) at or above 0.08%.

Although a single conviction of DUI in Burbank may only result in a misdemeanor, the charge can be elevated to a felony if this is your third DUI within 10 years or if you hurt someone.

Legal assistance for dealing with a charge of DUI in Southern California

If you or a loved one has been arrested for DUI — whether you face straightforward charges or more complicated ones like Heather Locklear now faces — you can likely benefit from the counsel of an experienced and trial-proven attorney.

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