A DUI Story

I drink and drive quite often. I’ll go to my parent’s house to have a wonderful German dinner cooked by mom, and have a couple German beers … maybe three. Or, we’ll go to a restaurant, and I’ll have a couple glasses of wine … maybe three. But, I never give it much thought because at 6’7” and about 270 pounds, I figured I don’t have much to worry about in terms of blood-alcohol levels.

So, I don’t believe I drive drunk … at least not in the past forty years. I’m positive I drove drunk more than a few times as a young man in my 20’s … going to bars, and picking up babes. Or, more likely, going to a bar to shoot some pool with my buddies, and staying until the 2AM closing … boozing and smoking for the past five hours. I might have been inebriated then. I was young and stupid. Then again, getting a DUI wasn’t THAT big a deal back then. Pay a fine, get some points, have your insurance premium jacked up … and then go on, life as usual.

I don’t know exactly what the penalties are today … except that they can be severe. Exactly HOW severe I did not know until very recently … via a friend of ours. Perhaps this short story will save someone’s ass down the line.

We have a friend, let’s call her “Christine” (not her real name). She is a single woman (divorced) in her 40’s, with two children. She lives here in NJ, in a nice upper middle-class community. She is a high school science teacher. She does have a couple traffic violation tickets. But, other than that, she has no criminal record whatsoever. Christine is a very petite woman; about 5’2” and – I’m guessing – 110 pounds, soaking wet. Just your average, upstanding, hard-working citizen.

A little while ago she agreed to meet a man in New York City. They had previously “met” on match.com, exchanged emails for a while, then spoke over the phone for a while more, and they finally agreed to meet. The “meet” went OK. He bought her TWO glasses of wine (I have ZERO reason to disbelieve her) over the course of about one hour, they agreed to meet again, and then they parted ways.

Then, her nightmare started. Christine was stopped by New York’s finest (the guys who ‘protect and serve’) just before entering the Holland Tunnel. He gave her a breathalyzer.  It showed .07 … which is BELOW the legally-drunk .08 threshold. HOWEVER, in NYC (and, I believe, NY State), the police can still arrest you for DUI based on what they feel; the smell of alcohol on your breath, if your eyes are watery or blood shot, your gate and demeanor, and other factors left to his/her discretion.

Side Note: In New York you can be arrested for DUI even if you are not in your vehicle. There was a case recently where a guy was leaning against his car, and the keys were in his pocket. A police cruiser pulled in the parking lot, questioned the man, surmised he was drunk, and then arrested him for DUI because they said he must have driven his car to the parking lot while he was drunk!

Anyway, the cop arrested her; put her in handcuffs, chucked her in the back seat of the cruiser, took her to the station, photographed her, fingerprinted her, booked her, and tossed her in the clink. She is now a felon. She might lose her teaching job. And, if she does, she is Totally Screwed. Because, right now, she lives close enough to the school so she can walk there. Why walk? Well, you see, in addition to having her driver’s license revoked, they impounded her car on the spot ………. AND THEN SOLD IT AT AUCTION, even though it’s a leased car.

This program was enacted in 1999 under Mayor Giuliani’s reign of terror. http://www.nytimes.com/1999/01/22/nyregion/driving-drunk-to-mean-loss-of-the-vehicle.html

Quoting verbatim from a letter she received from the Prosecutor; —– “Dear (Christine), As you are aware, the New York City Police Department commenced a program to forfeit vehicles driven by drunk drivers by initiating a civil action against owners of these vehicles.”

The letter then goes on to list a number of things Christine must do in order to get her car back;

— get an alcohol/substance abuse assessment … “performed by a state certified Office of Alcoholism and Substance Abuse Services (OASAS) counselor”

— complete all treatments proscribed by the counselor

— sign an “agreement of settlement”, and a “consent to disclosure”, and a “hold harmless agreement” … all notarized

— pay a $750 settlement fee ….. in addition to all other fines, fees, and charges (amounting to thousands of dollars)

— SHE is to provide proof that the vehicle “is not needed as evidence in your criminal case”

— bring 8 points of proof that she is the rightful owner of the vehicle, and also proof that she is who she says she is

All of these items must be completed within a relatively short time frame. The State, the city, the prosecutor, and other entities delayed, and delayed some more when asked for information and help (she hired an attorney to do all this) and, eventually deadlines passed, and requested time extensions were not given.

And, so, they sold her car at auction. (It’s a lease car … she still owes payments … please, do not ask me how in the hell this is even possible, because I have no clue. Just telling you her story.)

Screwed six ways to Sunday, and there isn’t a damn thing she can do about it.

Some of you may shout out, “Screw that drunk! She deserves it!!” – especially if you know, or have, a loved one who was injured, or even killed, by a drunk driver. I might even agree with you, because my own sister was severely injured by a drunk driver many years ago. Also, I was broadsided by a drunk driver when I was 18. I survived just fine, but my girlfriend’s head went through the windshield. I support harsh penalties for drunk driving.

Except for one thing. You don’t know Christine like we do. She is truly a fine human being, not a criminal, and she doesn’t deserve to have her entire life upended like this. Then I read about illegal Beaners getting caught for drunk driving, without a license or registration or insurance …. and all that happens is they get deported. It’s a tough call.

I do know this, as I’ve said it a million times; there is no real justice in the Justice System. The State is incapable of distinguishing between a real criminal, and a citizen who made a mistake. In this case, a mistake which injured no one, caused zero damage, and ruined the life of someone who wasn’t even technically or legally drunk. But, the lowlife cop testified otherwise.

Don’t drink and drive in Amurika, unless you want your life turned upside down and ruined.

Author: Stucky

I'm right, you're wrong. Deal with it.

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Russia Is Strong
Russia Is Strong

“Don’t drink and drive in Amurika, unless you want your life turned upside down and ruined.”

Let me take that sage advice of yours to the next logical step: “Don’t even LIVE in Amurika, unless you want your life turned upside down and ruined.” Seriously. This country has gone to shit and nothing short of an armed uprising could ever bring it back. But given that morbidly obese people with a fondness for excessive masturbation, pharmaceuticals and videogames do NOT make for ideal revolutionaries, the only REAL solution for most American’ts will be to flee the tyranny through emigration.

https://www.youtube.com/watch?v=f3xTBa_z6eM

TE
TE

Stuck. Drunk driving laws are just like drug laws. Make the self-righteous feel good and give the injured a boogeyman and focus for their rage and grief.

As a petite, not weighing much, lady, I know the laws have it where one drink might land me in trouble.

I usually try very hard to not go over that one drink every 3 hours and none drinks one hour before driving, with lots and lots of water in between.

Yet, still, everyday, you can look and find drunks that have been arrested and caused accidents MULTIPLE times yet are still on the road and behind the wheel, while people like your friend are demonized and destroyed for committing no ACTUAL crime or harm.

Yet one even TRIES to speak up and point out the waste of life, the real damage to those entrapped, and the fact the real drunks still don’t care and still are out there, you are screamed down for wanting to condone murder.

Russia is right, why in the freak are we still here. Oh yeah, even my wee one is beginning to ask that. Everytime she finds out about some new stupid rule, regulation, requirement or thing she needs to be careful of. You know, stuff like hugging your friends or eating peanut butter at school.

Eight more years and maybe her and I can get the hell out of here, if this thing is able to hold together that long.

Tell your friend I’m sorry, and good luck.

Jim
Jim

I know plenty of people who have been busted with DWI. In fact here in Ohio its blasted all over your car as incoming DUI cop attracter with bright yellow license plates that scream here comes a proven target. As I have driven over the limit when I was younger regularly, I now only drink at home subscribing to the George Thorogood mantra of “When I’m alone, I prefer to drink by myself”. Out.

Russia Is Strong
Russia Is Strong

I used to work as a court staff interpreter and would see egregious cases of abuse like the one you detail on a daily basis. Mexican workers arrested for not having a “bicycle license” (the city I worked in had a law that requires people to register their bicycles with police, failure to do so is considered a misdemeanor. Of course, I NEVER saw a SINGLE ‘white’ person brought in on those charges). I saw DUI’s that have a base fine of $271 but after adding in the penalties & assessments, MADD classes etc they regularly wind-up costing about $700 …not including attorney fees. I saw children taken from their homes & parents for the most trivial of reasons, witnessed judicial corruption, inmates beaten while in custody, people going homeless just trying to pay their fines etc etc until ultimately I felt so guilty about cooperating with the systemic abuse that I subsequently quit my job there.

The average shmoe has absolutely NO IDEA how life-changing (for the worst!) any entanglement or encounter with the Amerikan judiciary process can be.

Gryffyn
Gryffyn

The son of friends, while a student at Penn State, was busted by campus police for riding a bicycle on campus while intoxicated. He lost his automobile driver’s license because of this, and had to jump through the usual hoops to get it back.

DC Sunsets

We get the government to which our neighbors consent….or at least acquiesce.

We are surrounded by idiots.

You do the math.

DC Sunsets

Narrowly avoided a “Safety Checkpoint” today in the 1.5 mile drive between the grocery store and home. The NINE cop cars were just getting set up, I think.

Safety checkpoint my ass.

IndenturedServant

Must be a middle class problem. I personally know at least a dozen FSA members with five DUI’s or more who still drive. I also know a few rich “movers and shakers” with multiple DUI’s who still drive. According to local news, a number of our cops, firefighters and elected “leaders” also have DUI’s. I don’t personally know if they are still driving but being part of the protected class, I see no reason why they wouldn’t be.

yahsure
yahsure

New York City,That explains a lot. All the cities within about fifty miles are similar. Good places to stay away from.

Spinolator
Spinolator

Our values as a culture are fucked. That’s all.

Chicago999444
Chicago999444

My condolences to your friend, Stucky. While I would not have charged her with DUI, I might have asked her to park the car and find another way home,and offered to call someone for her, because a 110′ woman with 2 glasses of wine in her is usually at least a little tipsy.

However, my aunt, who was 5’3″, 110 lbs, and was the designated driver for herself, my uncle, and another couple when they went out to dinner, was handcuffed and arrested after a suburban St Louis County cop noticed her driving much too slowly, which she was doing because she was just a little woozy one one glass of wine.

I can only speak for myself, to say that when I have had two glasses of wine, I’m impaired past the point of being trustworthy operating the kitchen stove, let alone a car….. and I’m 5’8″ and 140 lbs (and dropping). I start knocking flatware off the table and sliding out of my chair at that point, When I was younger, I weighed 115, light enough to get slammed against fences in the wind, and I wouldn’t have dared drive with a drop in me. I have always taken driving very seriously, because it only takes one thing you didn’t see, like a pedestrian about to step into the roadway in front of you, or a light you didn’t notice changing, and suddenly your life and that of some other innocent person has really changed, in a way you don’t recover from.

So do your friend a favor, Stuck. From me to her, tell her that 2 glasses, and maybe even 1, are too much for her to be behind when she drives. And, anyway, why drive a damn car into a place like NYC?

Llpoh

Two large glasses of wine will very possibly put a small woman over .08. Gotta be careful.

Was she convicted? I do not see mention of a trial/conviction.

Llpoh

Stuck –

I have done some research re NYC DUI laws.

First, there are levels of DUI in NYC. It actually starts at .05, then a higher grade at .08. Penalties are much the same. So she may have been charged under either of two scenarios.

Second, you say she is now a FELON. Here is where it gets very interesting. If she is indeed now a felon, THEN IT IS NOT her first DWI. DWI is not a NYC felony on the first offence – only on the second offence within ten years. First offence is a misdemeanor.

Third, again interesting, is that yes there are seizure laws (harsh ones) – but as a rule they are only enforced for SECOND offences.

Apparently, if you have enough time/money, you can get the seizure overturned – they do not hold up in upper courts. But the entire laws have not been overturned – each case must be fought. They tend only to seize relatively low value cars for that reason.

What I am saying is that based on what you have said – if she is a FELON – that this was NOT her first offence. It cannot be. All things point to this being a second offence, unless you took literary licence with the term felon.

People tend to hide DWI convictions from everyone they can. Not saying she has, but if she has been convicted of a felony, I would suggest this is quite possible.

Sorry for her situation.

bb

Well what you all need is someone with some practical experience in getting arrested for DUI .In 1992 Igot nailed for DUI .Over 3 years my SR -22 insurance costs me about 10,000 dollars. You can never get a DUI off you driving record. Its there for life.I had to go to their school a couple times a week for 4 weeks , then I had to do my driving test all over .Total cost over 3 years about 11 ,500.This was in 1992.Even then it was obvious to every one it was a racket for the state.Only GOD knows how much this woman will have to pay.
It made me a lot more careful about drinking and then driving. Good thing I finally quit drinking New Year’s Eve 2001. It’s the only New Year’s resolution I have ever kept.

Llpoh

Stuck – great news she is not convicted of a felony. She would have really been screwed there.

The laws are interesting. Stage one DWI seems to be .05-.06. Then stage 2 seems to jump to .08. The .07 seems to be the gray area where it is likely cop discretion as to which way it falls. Cop obviously took it up (honestly or not).

By going up, she entered the land of car seizure.

The seizure laws are set, it seems, so that if the car is worth under say $8k, it is probably not worth the fight to even get it back. However, high dollar cars,and hence rich folks, can challenge in court – high level court, not local yokel – and get it over-turned. Pretty much 100% of the time, it seems.

As I have said before, cops tend to avoid rich folk like the fucking Ebola virus. But teachers would be fair game, I suspect.

DWI is an extremely painful experience. I feel for her.

I always look up the laws re DWI for any state where I might ge driving. Always. I have my reasons. For instance, hypothetically, some states might have laws that second offences result in felony charges, with no limit on how long ago the first offence occurred (for instance, hypothetically a 40 year ago DWI could be counted as #1). I take sero chances re DWI, and suggest to everyone that they do the same. DWI can fuck you over something shocking.

Llpoh

As an aside and follow-up to what bb said, it may be best if she does not own a car for a while. She will not be able to believe what her insurance rates will be over the next few years. It will be horrifying. If she does drive, best it be an old clunker worth nothing, because she will not be able toafford insurance on anything newish.

geo3
geo3

As Jim mentioned, Ohio awards a Scarlet letter in the form of yellow license plates. Always feel for those poor out of state visitors whose plates are the same color..must be some paranoia as to why everyone is staring them down.

geo3
geo3

At an election rally, I shook the hand of a local judge running for re-election who had been busted 3X for DWI. Told him that I hoped he would be inspired to treat those who will stand before him in the same manner as he received. (He lost)

Llpoh

geo – just how do you suggest DUI offenders be treated? The judge with 3 DUIs should have been a felon and excluded from the bench or even the practice of law. That is serially stupid and there is no excuse for it.

Driving impaired puts others at risk. I am of two minds. Is putting someone at risk deserving of harsh punishment, or should the punishment be meted out only after the drunk has hurt someone?

I think putting other, innocent folks at substantial risk is sufficient to be chastized.

First, marginal offences should perhaps be treated with compassion. But serial offenders should be hung up by their balls from a lamp post for all to see.

EL Coyote
EL Coyote

I picked up a kid who decided to walk home on an especially depressing day for him, his uncle had been murdered in a robbery. I called my wife’s principal and told her of this kid. She said, never pick up a kid again, just call the base cops. Many years later I understand why she said that. Our co-worker’s sister got popped for giving a kid a ride, the kid was stoned, she was charged with contributing to the delinquency of a minor and her life was wrecked. In a different instance, my sister got popped for having illegal aliens in the car, they confiscated her vehicle for smuggling aliens, which is not exactly correct, they were friends who she did not verify as to their legal status.
Reminds me of Pilk’s joke: What do you call two Mexicans broke down on the freeway? Stranded.

Llpoh

EC – sounds like it is illegal to drive while brown.

The world is truly screwed up.

Policing is now a profit making industry. Outstanding.

Rise Up
Rise Up

Well, this story and comments are timely with a big holiday weekend ahead. I’ll be going to a big pig roast party on Saturday and may get somewhat inebriated. Luckily the party is next door.

I do have my own DUI story but will save it for another time…

DC Sunsets

Stay away from people. Period. I’ve become extremely distrustful of others.

Do a girl a favor and she might be setting you up for an accusation of sex assault (your word vs hers.) She might be setting you up to be rolled by her BF. She might be carrying coke, weed, H, etc. and you get thrown into the meat grinder.

Same holds true for boys/men.

Self-preservation today means keeping your distance from everyone except close family. Everyone else will be in the scope’s field of view, even if the cross-hairs aren’t quite lined up on their chest.

This is the sad fact of our society in this part of the cycle.

Winston
Winston

Stucky

I pray for your friend. It is horrible to be in the grips of the “state”

The more corrupt the state, the more numerous the laws.

Tacitus

God help your friend and us all.

The only thing left is disobedience to the state….

Jackson, cynical (realistic) as ever,
Jackson, cynical (realistic) as ever,

I’ve dealt with the DUII law quite a bit over the years. Point 07, under the limit, not in your car… it doesn’t matter. Cops and DAs like to tee off on these cases so get a sober friend or a teetotaler to drive you home after you’ve been drinking. If you use good sense you won’t have a tale of woe.

As for car impoundment and forfeiture for a DUII…. Unconstitutional, you say, and I do too. But what power have we got. I’m retired, you’re feckless, and if the State takes your car you probably can’t afford an attorney to get it back. Hey, this is America. You’ve got your rights but your handlers don’t recognize them so practically your rights don’t exist.

Figure it out fellows… The State, in your county seat, your state capital, and certainly in Washington is in the saddle. The State’s booted and spurred. When the State and its minions want, they’ll ride roughshod over you. The rule of reason is long gone in America. Old Testament consequences, Machiavellian methods, and NeoCon solutions now govern modern America.

Get used to it plebs.

Brian
Brian

Drunks to police are like a 6×6 or higher bull elk to a hunter. It is a major score for the officers performance report and a cash cow for the jurisdiction.

It has gone beyond just “keeping us safe”, and turned into another abuse like everything the government gets into.

Zarathustra

My how times have changed. When I was in college in the late 70’s, during one summer, I spent the day at a mountain swimming hole, drinking, smoking dope and probably other things. During the drive back to my parents home, I had a case of empty beer bottles sitting in the back seat of my mustang. I almost made it back when I was pulled over for a “california stop.” My first instinct was to place a towel over the box of bottles, but the cop saw that and ordered me to expose them. I am pretty sure I was fairly drunk, but all he made me do was perform a field sobriety test, which I passed. Then I told him I was only a few blocks from my house so he let me go without even a ticket.

Iska Waran
Iska Waran

.07 shouldn’t be illegal. I’m a good driver. I can talk on the phone, change the radio station, shift gears, eat a sandwich and masturbate all at the same time while turning left in a busy intersection – and they want to criminalize someone having two glasses of wine? It’s Bolshevism. Back when the Feds used federal highway funds to arm-twist the states into dropping their DUI threshold to .08, Mothers Against Drunk Driving testified at our state legislature about a bunch of sad cases where drunks killed their loves ones. Thing is – all of their heart-wrenching stories involved drivers who’d had blood alcohol levels way above the .10 that had been our state’s threshold for DWI. They were debating dropping the threshold from .10 to .08 and MADD was telling tales of people who’d been killed by drivers who’d been .31 when they killed someone with their car. WTF did that have to do with dropping the threshold from .10 to .08?

Sensetti
Sensetti

I’m Scotch- Irish we think it should be against the law to drive sober between the hours of 11pm and 5am. When you get to drunk to walk driving all the sudden seems like a logical alternative. History will bare witness looking at a damn cell phone while driving will kill more people than Drunks ever did.

Sensetti
Sensetti

Iska Waran says:. I’m a good driver. I can talk on the phone, change the radio station, shift gears, eat a sandwich and masturbate all at the same time while turning left in a busy intersection.

i just deleted my comment. Let’s just say say those are some awesome multitasking skills Waren.

IndenturedServant

Iska Waran says:
“.07 shouldn’t be illegal. I’m a good driver. I can talk on the phone, change the radio station, shift gears, eat a sandwich and masturbate all at the same time while turning left in a busy intersection……….”

……….but the majority of sheople can barely breathe and walk at the same time.

Different wines have different alcohol levels. Wine glasses in just about every place I go are a different size with no markings. Servers, (reference my sheople comment above) are pouring by eye. Even beer has drastically different alcohol levels ranging from zero (near beer) to some IPA’s and others over 20%!

Forgetting everything I just said, I just don’t see why people chance it at all. Is it really that fucking important to have a drink or two when you know you’re going to drive? The owners already have enough of my ass under their control and there is no fucking way I’m going to knowingly give them an opportunity to control anymore of it!

I assume most of us are middle class-ish and the middle class is the only class that is not a “protected class”. Open season has been declared on us and there is no bag limit. They pay people to hunt you down and shake you down. I have no idea what the DUI laws are here or anywhere else for that matter…………..I don’t need to know because I’m not going to drink and drive. I suggest you do the same.

Sorry about your friend Stucky. I’ll bet she kicks herself a hundred times a day for not skipping the wine. It’s cold comfort but at least she didn’t hurt someone or worse.

IndenturedServant

When you move overseas with the military you are usually invited or required to attend a briefing on local laws and customs within 24-48 hours of arrival. In the UK we were told that you can be charged with Drunk In Charge meaning that if you had the car keys or access to car keys while intoxicated, you could be charged. They reminded us that if the cops could find your hide a key and you were also drunk, you were busted!

If you were going to drive you were required to have a license, insurance, registration and an MOT safety inspection. Get caught without any one of the four and the rest were declared null and void. Also, if you hit a dog with your car you were required to treat it as though you hit a human. I kid you not. Cats, rabbits and seagulls were fair game though. I scored one cat, a bunch of rabbits and two seagulls although the cat fell out of a tree so technically, he hit me.

Jackbooted
Jackbooted

We need IQ tests to be included with the drivers licence process lol. No one promised me a life devoid of idiots. Just look at our handlers.

Montefrío
Montefrío

@Zara

“My how times have changed”

Yep. This site is my favorite for keeping up with changing conditions in the land I left behind a fairly long time back. I am continually amazed by the anecdotal evidence of how much the times have changed since my youth in the US. All this sort of thing… unimaginable back then. It’s begun to sound increasingly like what I encountered in travel behind the Iron Curtain in the 70s.

Good luck to that poor lady! And to all the rest of you who have seen freedom and common decency erode in what was once a wonderful place to live.

dilligaf

I am sure this is not an option for your friend Stucky, but am going to post it anyway for anyone else that may have to cross this rubicon. I followed this guys travel blog through South America for years –

http://www.advrider.com/forums/showthread.php?s=06df4d15603f7c1a2befbd305912a175&t=831076

(A great read from the beginning, with great pics)

While he was back in the states for a few months last year he got popped in Texas for DUI. That is when his traveling blog stops, and this one starts –

http://johnthomasdowns.blogspot.com/

So he went to court 2 weeks ago and this is one of his last entries –
______________________
“Friday, May 8, 2015

I traveled to Texas and went to court yesterday for my DWI arrest last October. The only other time I have been in court is as a juror. It was quite interesting being on the receiving end of justice this time. I was offered two years probation, no jail time, 1000 dollar fine, two years of having an interlock device and 80 hours of community service. Hmmmm. I can’t leave the country while on probation. So I asked my lawyer to see what I would get if I went to jail instead. Wow. What a difference. No fine, no interlock device, no community service, no probation if I serve 3 months in the county jail. Hmmmm. Now mind you, three months is a fair amount of time to spend in jail I reckon. However, my drivers license was suspended for three months as well.”
_______________________

The gov’t knows you will do/pay anything to stay out of jail, but if you got the ‘time’, this sounds like the best option.

His entire journey is worth the read, and his last entry is his address in the county jail, where he promises to write back to anyone that sends a letter. So you can say you have a prison ‘pen pal’ .

N8
N8

.05 & .08 shouldn’t be illegal it’s not drunk. These morons texting on cell phones texting etc are much more dangerous then a .07 driver. IS really does have the best advise don’t drink and drive with any drinks what so ever. I read a book written by a DUI lawyer and that was his advise too. I’m glad my wife doesn’t like to drink and will usually drive me 🙂

I feel bad for your friend but it’s a shitty reality of the BS “justice system” we live under. I love me some German beer to they make the best in the world imo

a crue accountant
a crue accountant

Calculating the cost of Drinking. (These are estimates)

Cost to make 5 oz of liquor by Manufacturer $1

Add marketing shipping Taxes $5

Bar markup $20

DUI $2000

Notice that out of $2026 the government gets $2005. That is why I have reduced my alcohol intake greatly.

dilligaf

Nice letter Stuck! I was very busy this morning and almost did not bother posting his story, but one more letter making it his way, to kill off a little of his time, makes it more then worth the few minutes I had to spend posting it. Even though I have never met John, I still consider him a friend after following his life for so long. I am glad you and T4C are enjoying his writing.

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