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Many celebrity Los Angeles DUI arrests that “go viral” revolve around extremely well known celebrities like Lindsay Lohan, Mel Gibson, and Nick Nolte. But as this blog tries to highlight, many “minor” celebrity DUI arrests happen every week. Last week, Glenn Douglas Packard, a regular on the reality TV series “Hogan Knows Best” got pulled over for DUI in Miami Beach. Glenn%20Douglas%20Packard%20DUI.jpg

If you have recently been pulled over for a DUI in Pasadena, DUI in Glendale, DUI in Burbank, or DUI in Los Angeles or elsewhere in the Southland, the debate over Packard’s legal “prognosis” may intrigue you.

According to reports from the gossip website TMZ.com, a Miami Beach police officer pulled Packard over last Wednesday morning and observed that he “definitely had a strong odor of an alcohol beverage on his breath” and had “red and watery eyes, slurred speech, and unsteady stance.” Packard allegedly admitted to the officer that he was the evening’s designated driver and that he had had “only three drinks.” Packard submitted urine samples for testing. Low and behold, two tests came back below the Florida (and California) legal limit of 0.08%. He tested at 0.65% and 0.77% respectively – close to DUI but not necessarily over the line. As of this posting, it’s unclear how Packard’s defense will play out, but his conundrum might be instructive.

After all, in certain cases, it can be very difficult to completely deny a DUI charge. For instance, if you crash into a tree and test having a BAC of 0.35%; and if dozens of witnesses testify that they saw you chugging down Long Island ice teas like there was no tomorrow — then your ability to plead “not guilty” gets, shall we say, quite complicated.

However, many cases are very similar to Packard’s – they involve drivers who test near or at the legal limit, as defined by California Vehicle Code Section 23152(b), which says that a driver who operates a motor vehicle with a BAC of 0.08% or greater can be convicted for Los Angeles DUI and can face points on their DMV record, jail time, suspension of a CA driver’s license, court costs and fines, and other unpleasant penalties.

But even if you tested over the 0.08% limit, a savvy and experienced lawyer, such as Los Angeles criminal defense attorney Michael Kraut, can challenge the results of your test by doing things like examining the accuracy of the breathalyzer test, probing the police work done, and even looking for factors that might have interfered with the test results. For instance, diabetics often have chemicals on their breath which interfere with breathalyzer results and cause them to blow “false positives” for DUI.

The general point here is that, if you or someone you care about has been recently arrested for Los Angeles DUI, it behooves you to consult ASAP with a good lawyer. Attorney Kraut has a terrific reputation in the industry – not only is he well respected by past clients, but he is also held in high regard by judges and prosecutors, most likely because Attorney Kraut served himself as a prosecutor for 14+ years, and he attended Harvard Law School.

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NFL fans and professionals who follow celebrity Southern California DUI news have been heatedly debating the fallout of Tampa Bay Buccaneers wide receiver Mike Williams’s DUI arrest. The 23-year old rookie got pulled over two weeks ago in his black Escalade and arrested for suspicion of driving under the influence. Police reports revealed that Williams’s BAC tested below the 0.08% Florida (and California) legal limit.MIKE-WILLIAMS-DUI.jpg

Anyone who has recently been arrested for driving under the influence in Los Angeles, DUI in Burbank, DUI in Glendale, DUI in Pasadena, or DUI elsewhere in the Southland may find the repercussions of Williams’ arrest instructive, in that they illustrate how many complications can spring from even a simple DUI arrest — one not involving accidents, injuries or property damage.

Upon learning of Williams’s arrest, the Buccaneers management decided to allow him to play in a game against the San Francisco Forty Niners. Williams is the team’s leading receiver. Prior to Sunday’s game against the Baltimore Ravens (which the Buccaneers lost 10 to 17), Williams had garnered 6 touchdowns and 689 yards.

The Buccaneers head coach authorized his team to conduct an independent analysis to determine whether or not Williams had controlled substances in his system in addition to alcohol. Williams dutifully submitted to this request, and Coach Morris announced: “we gave Mike our own independent test and we are completely confident that he is completely clean.”

But the NFL is not necessarily happy with the Buccaneers conduct, and some sports analysts believe that the team violated the league’s policy for drug testing confidentiality.

The takeaway here is that, if you or someone you care about has been arrested for DUI in Southern California, even if you are not a major NFL star or a celebrity or politician, you could face serious consequences in addition to the consequences stipulated in the California Vehicle Code Sections relevant to DUI arrests.

For instance, a first time misdemeanor DUI arrest could land you in jail for a minimum of 48 hours, net you serious fines ($1,000 on top of court costs), lead to intense probation terms, and much more. On top of that, you will likely have to deal with unexpected secondary and tertiary (third degree) consequences – just like Williams and the Buccaneers have had to do – such as complications with your personal and business relationships.

Fortunately, Los Angeles criminal defense attorney Michael Kraut can provide a confidential and strategic assessment of your defensive possibilities. Attorney Kraut is a Harvard Law School educated lawyer who has represented clients in some very difficult and complicated Los Angeles DUI matters. As a former prosecutor, Attorney Kraut has the clout, connections, wherewithal, and intuition for the law you need to craft your most appropriate response.

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DUI arrests were up significantly this Thanksgiving weekend. The California Highway Patrol assigned all available units to man the streets to catch as many Los Angeles DUI drivers as possible. The statistics have now been released and the number of drunk driver arrests are up. Over the same period last year there were 271 California DUI arrests. This year the number increased to 289 DUI arrests in California. The good news is that the number of driver’s killed was significantly down. The total number of deaths due to Los Angeles DUIs was down to eleven.

The statistics are as follows:

Burbank DUI cases

The number of Burbank DUIs also rose this weekend. The statistics are not fully in for the number of DUI arrests in Burbank. According to a leading Burbank DUI Defense Attorney, there has been a significant increase in the efforts of law enforcement in Burbank to stop the number of people driving under the influence of Alcohol in Burbank.

Pasadena DUI cases
The Pasadena Police Department mobilized their officers in an attempt to catch as many Pasadena DUI drivers as possible. While it may seem that that the efforts were overkill, the police want to put the word out this holiday season that driving under the influence in Pasadena will not be accepted. Ask any top rated Pasadena DUI Defense attorney and they will tell you that this is the best way to keep the public safe and away from harm.

Beverly Hills DUI Arrests
The Beverly Hills Police Department is one of the best trained and most highly paid of all law enforcement in Los Angeles County. The department leads the way in Beverly Hills DUI arrests and some of the highest jail sentences for a conviction of driving under the influence of alcohol in Beverly Hills. Beverly Hills DUI Defense Attorney Michael Kraut is one of the top rated DUI defense lawyers in California and he is often quoted in news and print media. When asked about DUI news in Beverly Hills, Mr. Kraut explains that the City has the resources and public backing to quash those charged with this crime within the City limits.

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Last Monday, Huntington Beach Councilman Devin Dwyer offered a radical proposal at a city council meeting: publish the names of Southern California DUI offenders on Huntington Beach’s Facebook page. Dwyer made the case for “public shaming” of DUI offenders thusly: “I would use any tool necessary to bring down the numbers of drunk drivers.”huntington-beach-facebook.jpg

If you or someone you love has been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena or elsewhere in the Southland, you would certainly not be alone. Indeed, Huntington Beach has one of the worst records in California for DUI arrests. In 2009, police reported 274 DUI crashes and 1,687 arrests – and this is all for a town that has a population of just 200,000.

Huntington Beach officials have been scrambling to institute solutions. This year, officials banned “beer pong” at establishments in downtown, and more officers have been pulled onto DUI detail. In an ironic twist, Huntington Beach’s City Attorney, Jennifer McGrath – the attorney who reviewed the Facebook proposal to make sure there are no legal problems with it – was herself arrested for DUI in Southern California back in 2005, after police pulled her over on Main Street near City Hall. McGrath pled guilty and paid a $1,600 fine.

If you get pulled over for driving under the influence in Los Angeles or elsewhere in the Southland, police will use several tools and strategies to determine whether or not you are DUI. They will likely put you through several field sobriety tests, administer something called a preliminary alcohol screening test (PAS test), and analyze your breath, blood, or urine using chemical tests. If you are found to be under the influence of alcohol or drugs, you can be charged with a crime pursuant to California Vehicle Code Sections 23152(a) or 23152(b).

The consequences of conviction can include jail time, loss of driver’s license, serious fines and court costs, points on your DMV record, mandatory alcohol school, and mandatory installation of an IID in your vehicle. A Los Angeles DUI conviction will also have serious secondary and tertiary consequences. For instance, a DUI conviction can make it more difficult for you to get a job, find a lender, and maintain good standing in your professional community. If you hurt someone while driving under the influence in Huntington Beach or elsewhere in the Southland, you could face even more serious charges pursuant to other sections of the CVC – 23153(a) and 23153(b). Basically, these allow prosecutors to elevate what would ordinarily be a misdemeanor DUI charge to a felony. If convicted of a felony, you face even more perilous legal consequences, including such as a longer jail sentence and permanent loss of key rights.

To craft and execute a competent defense to Los Angeles DUI charge, you should seek expert legal guidance. Look to Los Angeles Criminal Defense Attorney Michael Kraut.

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Although horrific Southern California DUI collisions and injuries occur with an unbearable frequency these days, rarely do prosecutors charge offenders with “DUI murder” – a charge that’s equivalent to second degree murder. But last week, a jury in Anchorage Alaska returned a “guilty” verdict in a DUI murder case involving a 56-year old former BP executive, who killed a man and critically injured his fiancée after she drove the wrong way on Seward Highway.phillips-dui-murder.jpg

If you or someone you care about has recently been pulled over on charges of DUI in Los Angeles, DUI in Pasadena, DUI in Glendale, or DUI in Burbank, you probably are quite interested in the distinctions among DUI penalties. The story of this DUI tragedy should be instructive.

According to AP reports, on November 5th, 2009, Philips drove her Ford Explorer the wrong way on the expressway and slammed into a small Toyota driven by 23-year old Louis Clement. Tests revealed that Philips’s blood alcohol level was over 4 times the legal limit. The jury deliberated only a few hours before returning the guilty verdict.

The 56-year old Philips had been convicted for driving under the influence three times prior. A fourth DUI charge, pursuant to a March 2009 arrest, is still pending. She was also arrested for DUI in 1983, but she pled that down to a simple traffic offense.

In Alaska, a DUI murder conviction carries a minimum of 10 years in jail. A DUI murder in California is punishable by at least 15 years – or up to life – behind bars. The burden of proof on prosecutors in DUI murder cases is quite high. The prosecution must show something called “implied malice” – in other words, that the driver who caused the death had a crystal clear understanding of the risks inherent in driving DUI and nevertheless still chose to get behind the wheel.

Even if prosecutors don’t charge you with DUI murder, they could hit you with charges of vehicular manslaughter or – an even more serious charge – vehicular manslaughter with gross negligence.

And even if all you do is hurt someone while driving DUI in Los Angeles, you could face felony charges pursuant to California Vehicle Code sections 23153(a) and 23153(b).

Furthermore, even if you just got stopped for driving with a blood alcohol concentration of 0.08% or more, you could face devastating penalties just for the misdemeanor – penalties such as prison time, loss of your California driver’s license for a year and enormous fines.

To respond to charges, consult with a reputable and results proven Southern California DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

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Last Friday, D.J. Williams, a top linebacker for the Denver Broncos, got pulled over for driving under the influence in his Hummer, prompting many in the celebrity Los Angeles DUI community (and others in the media) to examine what appears to be a rash of sports figures – specifically NFL players – nabbed for misbehavior on the roads recently.broncos-williams-dui.jpg

If, like Williams, you’ve been recently stopped and charged with DUI in Los Angeles, DUI in Pasadena, DUI in Burbank, or DUI in Glendale, the travails that the linebacker faced may seem familiar. According to a Friday report in the Denver Post, a Denver police officer pulled Williams over at around 2:40 in the morning. A Department spokesman said “(Williams) was contacted and ultimately taken in for a DUI.” Documents show that Williams also got a ticket for driving without his headlights on. He is scheduled to appear in court on December 13.

This arrest is not Williams’ first for DUI. On September 23, 2005, Williams got pulled over for DUI, after he attended a birthday party. He later revealed to the Denver Post: “Yeah, it is embarrassing…I know now you’ve got to have a driver or somebody driving you around when you plan on going out like that.” Williams’ plight may make things difficult for the Broncos. The NFL star is the team’s leading tackler, and the NFL’s personal conduct policy could require his suspension for 2 to 4 crucial upcoming games. Other NFLers recently hit with DUIs include Jared Allen, Vincent Jackson, and Braylon Edwards.

For Williams’ first DUI, he paid $740 in fines and served 24 hours of community service, according to the Post. If he is convicted a second time, he could face fines ranging up to $1500, 5 times as much community service, and a two year probation.

If you are convicted for Southern California DUI multiple times, you could face significantly greater penalties. Even first time offenders can have it rough. A court can impose 48 hours of jail time with a maximum of six months behind bars – just for your first misdemeanor DUI. You could also face a $1,000 fine as well as court costs. On top of that, you might face a one year driver’s license suspension, mandatory alcohol school, strict probation imposed by the court, and a forced installation of an IID device in your vehicle, which will prevent you from driving unless you blow a non-alcoholic breath into the device.

For your second Los Angeles DUI conviction (misdemeanor) within a ten year period, almost all of your possible penalties will be elevated. Instead of serving 48 hours behind bars, you will have to serve a minimum of 4 or maybe even 10 days behind bars. Instead of a one year driver’s license suspension, you will get a two year suspension. Instead of spending six weeks in alcohol school, you could face 18-30 months. And the penalties ratchet up from there with each successive Los Angeles DUI conviction you get within a 10 year period.

Whether you’ve been pulled over for your first DUI in Pasadena for blowing a breathalyzer result just slightly above the state’s legal limit of 0.08%, or you’ve been involved in a complicated injury crash on the 405, connect today with a responsible, resourceful Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut.

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Last week, the California Office of Traffic Safety announced that it has awarded a $1.1 million grant to the Los Angeles County Sheriff’s Department to expand Los Angeles DUI checkpoints, in an ongoing effort to fight back against injuries and deaths on Southland freeways and surface streets.los-angeles-dui-checkpoint.jpg

If you’ve recently been pulled over for Pasadena DUI, Glendale DUI, Los Angeles DUI, or Burbank DUI, you may have had an inkling that the Los Angeles Sheriff’s Department was stepping up patrols and enforcement. In fact, the LASD has experimented with new methods and generated new results over the past several years. Three separate motorcycle safety enforcement operations apparently have reduced motorcycle accident fatalities in California. In 2009, 29% fewer motorcyclists died on Southern California road than did in 2008. That said, California is still one of the three most dangerous states for motorcyclists.

The LASD hopes to use the grant money to pursue “warrant searches and stakeouts for repeat DUI offenders, saturation patrols, and court stings.” The Director of the California Office of Traffic Safety, Christopher Murphy, celebrated California’s reduction in alcohol impaired collisions over the past several years. But Murphy insisted “to keep this trend going, we will continue to strive the meet our vision – towards zero deaths, every one counts.”

Two vehicle code sections may be applicable to the crime of DUI in Southern California. The first, California Vehicle Code Section 23152(a), says that, if a police officer pulls you over while you are driving a car, truck, motorcycle, or other motor vehicle, and you happen to be under the influence of alcohol or a narcotic, you may be arrested and taken to jail and then charged with a crime. If you are convicted of this crime – even for a misdemeanor – you can face fines and court costs, license suspension, forced installation of a device in your vehicle that will prevent you from driving if you’ve been drinking at all, and mandatory jail time.

A second relevant law, California Vehicle Code Section 23152(b), defines the crime of Southern California DUI slightly differently. It says that, if you drive with a blood alcohol concentration of 0.08% or more, you can be arrested for DUI and subject to the penalties described above set forth in 23152(a).

If you’ve injured somebody while driving under the influence, other sections of the CVC may be relevant. For instance, DUI with injury is covered by California Vehicle Code Sections 23153(a) and 23153(b). Essentially, these sections can elevate standard misdemeanor charges to felonies if the DUI driver caused injury to another person.

Responding Effectively to Charges
Your legal representation can make an enormous difference to your ultimate sentencing and punishment. A resourceful Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut, may even get the charges against you dropped altogether.

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On November 10, former Yankee superstar Jim Leyritz watched on as prosecutors in his DUI manslaughter case finished their case against him. As those of you who follow Southern California DUI celebrity news likely already know, Leyritz faces 4 to 15 years in jail for killing 30-year old Fredia Ann Veitch on December 28, 2007. leyritz-dui.jpg

If you’ve been recently pulled over for driving under the influence in Burbank, DUI in Pasadena, Los Angeles DUI, or DUI in Glendale, hopefully it was under less tragic circumstances. Known best for slamming home a key homerun in the 1996 World Series, Leyritz retired from baseball in 2000. Unfortunately, 7 years into his retirement, he hopped into his red Ford Expedition while significantly over the Florida (and Southern California) legal limit of 0.08% BAC. A later blood test showed that he had a BAC of 0.14% hours after the crash.

Earlier this year, Leyritz paid Veitch’s family for the wrongful death: $250,000 in insurance payments as well as payments from his own pocket: $1,000 per month for 100 months.

Prosecutors called numerous expert witnesses, including Donald Felicella, who told the jury that evidence suggests that “there was not anything to indicate that speed was a factor.” Veitch had also been driving under the influence. Evidence showed that she had a BAC of 0.18% at the time of the crash. She was actually thrown out of her vehicle because she hadn’t been wearing a seat belt.

According to California law, if you get convicted of vehicular manslaughter while DUI, you can face extremely serious penalties – particularly if you committed vehicular manslaughter with “gross negligence.” In rare cases, prosecutors may charge defendants with a crime called DUI murder. This is actually an even more serious crime than DUI vehicular manslaughter with gross negligence. Also known as a “Watson Murder,” DUI murder carries penalties of 15 years to life in jail. It is essentially equivalent to second degree murder.

Whether you were arrested at a Los Angeles DUI checkpoint after you blew a breathalyzer result of 0.09%; or you got involved in a serious injury collision while allegedly under the influence, you may need good legal advice immediately from a Los Angeles DUI lawyer, like Los Angeles Criminal Defense Attorney Michael Kraut.

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Websites like TMZ.com and other gossip blogs that follow celebrity Los Angeles DUI arrests have been chatting non-stop about the arrest last week of David Cassidy. The actor and singer, who is best known for his role as Keith Partridge in “The Partridge Family,” got arrested in St. Lucie County Florida for driving under the influence. david-cassidy-dui.jpg

If you or someone you care about has been arrested for DUI in Burbank, DUI in Glendale, DUI in Los Angeles, or DUI in Pasadena, you probably can relate to the nervousness and confusion that Cassidy felt. As one of his representatives told the gossip website, TMZ.com: “He would never jeopardize anyone on the road… he has never been arrested in his life before for anything.”

According to reports, the 60-year-old was cruising in a 2008 Mercedes, when an officer saw him weaving in and out of lanes and pulled him over. The trooper noted that the ex-heartthrob smelled like alcohol and acted “nervous and confused.” After seeing a half empty bottle of bourbon in the back seat, the trooper asked Cassidy to take some field sobriety tests (FSTs), which the actor allegedly failed. Cassidy also took two breathalyzer tests and tested positive for DUI both times. On the first test, he blew a 0.13%. On the second test, he blew a 0.14%. Both numbers are significantly over the legal limit for Southern California DUI of 0.08%.

The Partridge Family singer was charged with failing to maintain his lane, driving with an open container of alcohol, and driving under the influence in Florida. After posting a bail of $350, he was released on his own recognizance.

What exactly are “field sobriety tests” that DUI suspects like David Cassidy have to take?

In Southern California, officers usually administer these roadside tests in a specific order. Usually, the first test is something called the horizontal gaze nystagmus test. This measures your pupil reaction time. An officer will likely also subject you to balance tests to measure your physical coordination. These exams could include asking you to stand on one leg, asking you to pace along the painted line on the road, asking you to tilt your head back and count to 30, and having you close your eyes and extend your arms and then try to touch the tip of your nose with your fingers. An officer may also subject you to mental tests. For instance, you may be asked to recite the alphabet backwards or do a counting test.

Key point: if you fail a field sobriety test, that doesn’t mean that you will be found guilty of DUI!

Indeed, the validity of FSTs can be challenged on a number of grounds. For instance, maybe the road was sloped or potholed, and this titled grade caused you to lose your balance. Or maybe you were simply fatigued from a long night or a bad conversation, and thus you couldn’t concentrate on the tasks being asked of you. Being pulled over for any reason can be extremely stressful and can cause certain people to behave in odd ways. The act of subjecting someone to a field sobriety test can actually change his or her behavior and make it difficult to understand the root cause of the behavior.

If you need help with constructing a Los Angeles DUI defense, you likely want to retain a top-caliber attorney who has the experience, wherewithal, and resources to help you.

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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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