Therefore, a District Court does not have jurisdiction and can not sentence because the penalty requires more than a 1 year jail sentence. Despite how stressful this situation can be, it is in your best interest to pull over. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. His performance in court was outstanding and gave me a big victory. We are available for 24/7 free consultations at our toll-free number (1-800-342-7896) or online. I pulled into the first driveway once off the bridge and eventually was arrested. Call (727) 828-3900 today to A felony conviction for fleeing and eluding in Florida is not one to take lightly. In this case, the police officer testified that he saw the suspect driving a vehicle on which the taillights were broken. This charge can only be applied to a person who is in a motor vehicle and does not stop when told to do so by a law enforcement officer. "@type": "PostalAddress", Call (727) 828-3900 to book a free consultation. "@type": "PostalAddress", Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. If the state cannot prove that the person allegedly fleeing from the police officer knew or would have known he/she was fleeing from a police officer because the car was not properly marked, that charge should not hold up in court. The call is free, and you have too much to lose by facing this charge by yourself. Have visible agency insignias and other jurisdictional markings; The alleged offender was driving on a street or highway in Florida. If you are convicted of aggravated fleeing and eluding in Florida in association with bodily harm of any individual, you will face a minimum three-year prison sentence. The penalties for fleeing and eluding in Florida vary by case. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. A driver of a motor vehicle who does not stop for a police officer or a conservation officer in a willful manner, is guilty of fleeing and eluding. A driver may stop initially in response to a police order and then speed away. Were your results from a blood test or breathalyzer? Can i beat this fleeing and eluding charge. According to Michigan law found atMotor Vehicle Code. One way to do this is to add an additional "count" (charge) of Fleeing and Eluding. If so, that sounds bad. www.DontGoToPrison.com. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. How well will my case hold up in trial? Avvo has 97% of all lawyers in the US. Top 100 Trial Attorneys in the United States. The police officer tried to stop the suspect, and the suspect fled in his vehicle. Note that driving at high-speed while fleeing and eluding is a more severe charge than simply fleeing in an attempt to evade the police. "Thursday", Florida does not take fleeing and evading law enforcement officers lightly. You need the most aggressive fleeing and eluding defense attorney fighting to keep you out of prison, off probation, and in possession of your drivers license. First, under the state fleeing and eluding definition, you must knowingly and willingly fail to stop for a police officer and attempt to leave the scene. I am not saying my child didnt have a breakdown. They were not even in sight. He is the best !! "telephone": "(941) 405-5193" The answer depends on whether anyone got hurt while you were evading police in a vehicle, and whether or not youve been caught evading (either in a vehicle or on foot) before. fleeing and eluding defense attorney in Florida. However, the monetary penalties and how the matter is potentially resolved are very different. Anytime someone thinks of fleeing and eluding, they almost always think of a person who is running away from the police. Do Not Sell or Share My Personal Information. DUI arrests don't always lead to convictions in court. Please complete the form below and we will contact you momentarily. I am not your attorney. "@type": "LegalService", This is not the place to decide if you are going to take a deal on a felony You need a skilled attorney to look at the facts (as the jury would see them) to give you an idea. See if you qualify for representation by the Public Defender or Legal Aid. To prove a case of reckless driving, the district attorney has to show that it was the defendant who was driving the vehicle. "dayOfWeek": [ Not sure if there is video evidence. Search for lawyers by reviews and ratings. Punishment for felony speeding to elude. I also did not write a statement when brought into the police station. I signaled and turned onto the overpass and that is when he activated his audible siren. If you made the mistake of evading police in a vehicle, whats next? "openingHoursSpecification": { In Florida, Fleeing and Eluding is the failure of a driver to stop or remain stopped upon order by a duly authorized law enforcement officer. Where the felony fleeing is the proximate cause of the death of a person, an aggravated felony charge may lie. My reservations were quickly eased during my initial consultation. Examples include failing to stop, speeding up, or trying to hide after a police officer signals for you to stop. Depending on the severity of the offense, a defendant could face a simple or an aggravated charge of fleeing and eluding in Florida. There was no intent to flee the officer for example, you were distracted in the car by children or a phone call and did not realize there was an officer behind you. When considering this information, keep in mind that there are many similarities as well so that with a conviction for Fleeing and Eluding under the Motor Vehicle Code, or Attempted Fleeing and Eluding or Fleeing and Eluding under the Penal Code, the Secretary of State will impose an identical 1 year license suspension with no Hardship Appeal, 6 points, and a two-year $1,000 driver responsibility fee. With over 20 years of experience, the attorneys at Goldman Wetzel represent clients facing criminal charges in St. Petersburg, Pinellas County, Sarasota, Bradenton, and the Tampa Bay Area. It was that moment when I knew I was being directed to stop. You can (and probably will) be arrested for driving away from the police, but exactly how long will you go to jail for evading the police? "postalCode": "34205", (2) Except as provided in subsection (3), (4), or (5), an individual who violates subsection (1) is guilty of fourth-degree fleeing and eluding, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both. We serve clients throughout California including those in the following localities: Los Angeles County including, Defenses to Evading a Police Officer Depend upon the Facts, "Thank you so much for putting so much effort in this case. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. ", "Dear Greg, Thank you again for all your help. If you can afford to hire a lawyer, Avvo is an excellent place to start your search for a 10.0 rated defense lawyer. We really appreciate it and we are happy that all turned out well. If the police were "nowhere in sight" how did they find out you were the driver and get to your house before you did? "telephone": "(813) 391-8051" { The driver would admit to a less severe offense of reckless driving in order to have the DUI charges dismissed. THE WOLF LAW FIRM would be available to assist in this matter after a formal consultation to obtain all necessary facts and review all pertinent documents. The contact form sends information by non-encrypted email, which is not secure. Definitely recommend! Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. And also the cop said I said I admitted to drive. All Rights Reserved. Web1) when in the course of fleeing a collision or accident occurs, OR. Attorney Shawn HaffWe are available by phone 24/7, "At our time of need, The Criminal Defense Law Center of West Michigan came through for us! (h) A skull fracture or other serious bone fracture. Also, the policies and practices of the prosecutor in your case will determine much as to how the case proceeds. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. Thank you much. Real questions about dui from people like you. Do not face this charge alone. "Wednesday", Fighting eluding cases requires experience in this type of trial. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Knowing Allowing an Intoxicated Person to Operate, Police Manipulation of a Breathalyzer Test. Good luck. Fleeing and eluding is a serious criminal offense, with felony penalties that may include prison and a mandatory drivers license revocation. 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. So, what does fleeing and eluding mean under Michigan law? and finally, do you really want a trial? I think you case is good, and while the officer may dress up the facts, he only has .7 miles to do that in. (3) Except as provided in subsection (4) or (5), an individual who violates subsection (1) is guilty of third-degree fleeing and eluding, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both, if 1 or more of the following circumstances apply: (a) The violation results in a collision or accident. The contact form sends information by non-encrypted email, which is not secure. You will not be eligible for early release from prison and must serve the full sentencing term. According to the law, reckless driving consists of driving without looking after the safety of others or property. Your intensity and interest helped a lot.". DUI Fleeing and Eluding Charges | Michigan Drunk Driving Defense Lawyers. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations. 2nd Degree 10 yrs/ $5,000 10 yrs/ $10,000, 1st Degree 15 yrs/ $10,000 15 yrs/ $15,000. Fleeing and eluding can also occur when the driver stops the vehicle and then flees in an attempt to evade the officer. Criminal History and Travel Abroad Restrictions, The Penalties For Intoxication Manslaughter in Texas, Fighting a DWI License Suspension in Texas, Types of Damages in a Texas Truck Accident Claim, The person evading police in a vehicle must actually know theyre evading arrest, The police must make it known that theyre attempting to pull over the vehicle (via siren, verbal signal, etc. Maybe you remain calm and pull over, maybe you panic and keep driving. WebIf you are being charged with fleeing and eluding a peace officer, you will need the help of a skilled Chicago criminal defense lawyer. }, St. Petersburg criminal defense attorneys, Self-Defense & Stand Your Ground Laws in Florida, Felon in Possession of Firearm in Florida: Charges & Penalties, Withhold Adjudication in Florida: Definition & Laws, FL Presentence Investigation Report: Definitions & Process, Stalking Laws in Florida: Definitions, Charges & Sentences, Fleeing or attempting to elude with siren and lights activated, Fleeing and eluding with high-speed or reckless driving, Aggravated fleeing and eluding with death or serious bodily injury. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. At Weinstein Legal, attorney Matt Shafran will work tirelessly on your case. Thank you Mathew!! Your license will be suspended for a year. Real questions about criminal defense from people like you. The penalties for eluding or fleeing police can increase if you: Put the lives of others at risk because you engaged in a high-speed chase. Defendants who take the plea deal will not be subjected to some of the penalties of a DUI offense, like a mandatory jail sentence or license suspension. However, no one can accurately gauge the strength or weakness of your case The reason this charge cannot be reduced a Misdemeanor as an "Attempt" is because under the MMVC's "Conviction of an ATTEMPT"Statute[3] it requires the Court to impose the same penalties as if the offense were committed. More Helpful Articles by Thiessen Law Firm: Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas. he really cares and goes beyond 100% to help his clients. Despite this, a seasoned criminal defense lawyer can employ different defenses to fight these charges. Being stopped by the police can be overwhelming and frightening. ), For evading police in a vehicle you may be convicted of a, It was not obvious that the police officer was a police officer, There were extenuating circumstances that made stopping unlikely or difficult. (6) A conviction under this section does not prohibit a conviction and sentence under any other applicable provision, except section 479a(2), (3), (4), or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a, for conduct arising out of the same transaction. I will definitely recommend you to my friends if they ever need legal help. They never breathalyzed him tho.. And he has a suspended license. If this is the case, it is crucial to have retained a fleeing and eluding defense attorney who may be able to help you avoid trial. When the answer to any of these questions is no, then you and your Houston criminal defense attorney may be able to use that information in your defense. What Does a Michigan Driver License Restoration Lawyer Cost? Blood test not breathalyzer. "streetAddress": "1023 Manatee Ave W, Suite 309", Post a free question on our public forum. Actually, a blood alcohol level of .01 hardly indicates DUI unless there is a Zero tolerance as for an under-aged drinker. }, These elements include the individual operating a vehicle or at the scene of an accident, an officer arriving and requiring the person to remain or to stop and the individual knowingly defying the officer. | Privacy Policy | Disclaimer It was obvious he cared about me understanding every important detail within my case. You may receive these criminal charges any time you refuse or fail to stop your vehicle for law enforcement. I've had a speeding ticket or 2 in the past. ", 250 Monroe Ave NW Suite 304 Grand Rapids, MI 49503, Delivery Manufacture Of A Controlled Substance. This offense is charged as a second-degree misdemeanor, and a conviction could result in a $5,000 fine and up to 2 years in jail. Radar guns have to be used properly and have to be regularly calibrated. Fleeing and eluding is where a driver of a motor vehicle willfully fails to stop for a police or conservation officer. The officer could be signaling an individual to stop by emergency light, voice command, siren, by hand, or using some other audible or visual signal. (b) A portion of the violation occurred in an area where the speed limit is 35 miles an hour or less, whether that speed limit is posted or imposed as a matter of law. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. "addressCountry": "United States", You will simply not find a better prepared NJ criminal lawyer. Then again, some other reason could have been why your car was crashed. Refused or failed to stop the vehicle or; Stopped the vehicle and fled in an attempt to elude the officer. Under Section 750.479a of the Michigan Penal Code, as a driver you must come to a stop when you are directed to do Walked home and the cops were there waiting for me and arrested me for DUI (test results were .01) and also charged with fleeing and eluding. "Sunday" Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Did you know you were being pursued by the police? No matter what the New Jersey criminal charge, you can potentially beat this case. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Just about any case can be beat given the right circumstances and a good lawyer. Visit our California DUI page to learn more. Failing to stop when directed by a police officer can result in a fleeing and eluding charge in Florida. Matt was available throughout the process for consultations with both my son and his parents. If the jury believes you, they will conclude that you weren't fleeing or eluding the officer. Find the best ones near you. Amy is then charged with reckless driving. Once you have a felony on your record, you will likely struggle to find employment. My lawyer said he has never seen such a vague police report. With compassion and confidence, they zealously represent their clients. 5 min read. It must be apparent that it is law enforcement attempting to stop you. "url": "https://www.goldmanwetzel.com", This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. While many individuals associate fleeing and eluding in Florida as a traffic offense, in reality, it is a serious criminal charge. Lets take a look at the law. The penalties are almost exactly the same. Charges are prosecuted as felony crimes and may result in substantial jail time, revocation of your drivers license, and forfeiture of your vehicle. Maybe. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. "addressLocality": "St. Petersburg", Convictions of this nature impact your driving privileges. Shawn or one of his experiencedcriminal defense lawyerswill be happy to help you out! Tampa, FL 33607 Home Blog Evading Police in a Vehicle, September 5, 2019 . In many cases, attorneys seek a plea offer to an Attempted Fleeing and Eluding because they believe it will then be a Misdemeanor, however, that is not always the case. Are the police going to say that they were following you with their lights on and that you accelerated away from them? ", "Greg Hill did an outstanding job on every level. If you are faced with a DWI you will not find a more professional and skilled law firm. The criminal penalties for fleeing and eluding depend on the number of prior offenses you have: First or Second Offense (Class A misdemeanor) A fine of up to $2,500 and up to one year in jail. He gives details about the charges including penalties, prison sentences, fines, etc. 55 Madison Avenue Suite 400, Morristown, NJ 07960. After all, you do have the speeding issue to deal with. We Defend. "addressCountry": "United States", WebWhat is Fleeing and Eluding? Are you underage (21)? Mandatory minimum sentence of 3 years imprisonment for aggravated charges. Without more, driving above the speed limit does not automatically make it a violation of reckless driving law.3 These instances are often handled with a mere speeding ticket, instead. Anyone who has been charged with evading an officer, a violation of either Vehicle Code 2800.1 (a misdemeanor) or 2800.2 (a felony), usually either has a sense of outrage and insistence of innocence or, on the other extreme, cannot stop admitting their guilt. Call us before you speak to a police officer. If your blood alcohol level was only .01, then you were not legally drunk. We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation. In the state of California, reckless driving is a misdemeanor. The overpass is 0.5 miles long. Years licensed, work experience, education. Avvo is a great place to start your search for an attorney, contact a few and hire the one you are most comfortable working with. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Yes, evading police in a vehicle is definitely a crime. Better understand your legal issue by reading guides written by real lawyers. Avvo has 97% of all lawyers in the US. I was 2 miles from home.. 3) The person has a prior conviction for attempted or a completed act of fleeing and eluding fourth degree. However, no one can accurately gauge the strength or weakness of your case without being privy to all the facts. After stopping, the defendant raced at a high-speed without permission and, finally, crashed into a vehicle. The fleeing and eluding definition states that a law enforcement vehicle must have jurisdictional markings that are prominent and easy to see, with sirens and lights activated during their attempt to stop you. A charge of fleeing or eluding police can cause a lot of stress and anxiety, especially if youre usually a law-abiding citizen with a clean record. You may have had no intention to flee or elude the officer who signaled you to pull over. First, under the state fleeing and In Gorsuch v. State, the defendant was stopped during a narcotic surveillance. Every crime in California is defined by a specific code section. If you have questions about the charges you are facing, contact a Florida criminal defense attorney for legal counsel. This subsection does not apply unless the police or conservation officer giving the signal is in uniform and the officers vehicle is identified as an official police or department of natural resources vehicle. The Top 100 criminal and Top 100 Civil Attorneys the prosecutor in your best interest to pull,... Enough for the experience I had then again, some other reason could have been why your car crashed! Show that it was obvious he cared about me understanding every important detail within my.! Motor vehicle willfully fails to stop your vehicle for law enforcement officer ; aggravated fleeing or to. May lie performance in court was outstanding and gave me a big.! That your issue relates to: see what other people are asking and the advice they getting! Flee or elude the officer about any case can be overwhelming and frightening into first... Which is not secure vehicle or ; stopped the vehicle crashed into a.... Tried to stop you Disclaimer it was the defendant raced at a without. Nj criminal lawyer police station to be used properly and have to be regularly.. Of fleeing and eluding in Florida vary by case hardly indicates dui unless there is a more charge. Was arrested out well safety of others or property and his parents examples include failing to stop vehicle! And you have questions about the charges including penalties, prison sentences, fines, etc lawyer. A fleeing and in Gorsuch v. state, the monetary penalties and best strategies... If your blood alcohol level was only.01, then you were n't fleeing or..! An Intoxicated person to Operate, police Manipulation of a Controlled Substance we will contact you.... Weakness of your case I signaled and turned onto the overpass and that were... Intention to flee or elude the officer the first driveway once off the bridge and eventually was.... He cared about me understanding every important detail within my case hold up in trial penalties. Employ different defenses to fight these charges defense from people like you, contact Florida! Criminal charges any time you refuse or fail to stop, speeding up, or and can sentence. An additional `` count '' ( charge ) of fleeing and eluding in! And the advice they 're getting penalties for fleeing and eluding, will..., NJ 07960 the time I needed to explain the law, reckless driving is a.... Detail within my case eluding, they zealously represent their clients charges you are facing contact. Not one to take lightly remain calm and pull over of trial and frightening keep driving up in trial police! Evade the police call US before you speak to a felony on your,. Attorney for legal counsel like you officer testified that he saw the suspect fled in vehicle. Speeding up, or release from prison and must serve the full term. Can accurately gauge the strength or weakness of your case without being privy to all facts... You may receive these criminal charges any time you refuse or fail to stop the suspect, and the fled! Dwi you will be convicted in court message, or vehicle for law enforcement after a police officer result... Penalties for fleeing and eluding circumstances and a mandatory drivers license revocation a lot ``... Attempt to evade the officer lead to convictions in court to a police officer testified that he the. Into a vehicle is definitely a crime does not take fleeing and eluding in Florida,! That he saw the suspect driving a vehicle, whats next simply in. It was obvious he cared about how to beat a fleeing and eluding charge understanding every important detail within my case they 're getting the for. Law that your issue relates to: see what other people are and..., fines, etc penalties for fleeing and eluding charges | Michigan Drunk driving defense lawyers willfully fails stop. Will not find a better prepared NJ criminal lawyer, finally, into! Below and we are available for 24/7 free consultations at our toll-free number ( 1-800-342-7896 ) or online,.... Crime does not have jurisdiction and can not sentence because the penalty requires more than a 1 year sentence! Strategies for every major crime in California charges including penalties, prison sentences,,... Do have how to beat a fleeing and eluding charge speeding issue to deal with charge by yourself the proximate of. Person to Operate, police Manipulation of a Controlled Substance want a trial was available throughout the process his! To all the facts legally Drunk who was driving on a street highway! You how to beat a fleeing and eluding charge have the speeding issue to deal with driving at high-speed fleeing. Of 3 years imprisonment for aggravated charges raced at a high-speed without permission and, finally, you... Defender or legal Aid choose an area of law that your issue relates to see. And fled in his vehicle, you do have the speeding issue to deal...., 2019 narcotic surveillance aggravated fleeing or eluding person, an aggravated charge fleeing! Other serious bone fracture, with felony penalties that may include prison and must serve the full sentencing.. And evading law enforcement attempting to stop for a police or conservation officer speeding to! Will be convicted in court mean you will not find a more professional skilled!, contact a Florida criminal defense from people like you saying my child didnt have a breakdown,,. Advice they 're getting Degree 15 yrs/ $ 15,000 304 Grand Rapids, MI 49503 Delivery... Proximate cause of the Top 100 criminal and Top 100 criminal and Top 100 criminal and Top 100 Attorneys... Again, some other reason could have been why your car was.! From people like you the right circumstances and a good lawyer and keep driving not secure vague... Trying to hide after a police order and then flees in an attempt to elude the.. And have to be used properly and have to be regularly calibrated 97 % of all in. A Michigan driver license Restoration lawyer Cost work tirelessly on your record, will. Can employ different defenses to fight these charges and concerns and I ca Thank... A 1 year jail sentence, police Manipulation of a person, an aggravated felony charge may lie today a... Onto the overpass and that you always check a lawyer 's disciplinary status with their respective state association. Officer testified that he saw the suspect fled in his vehicle guides written by lawyers! Every important detail within my case never breathalyzed him tho.. and he has a suspended license @ ''... A vehicle been why your car was crashed, they will conclude that were. Eluding in Florida vary by case, 1st Degree 15 yrs/ $ 10,000, 1st Degree 15 yrs/ 10,000! Consultations with both my son and his role thoroughly state fleeing and eluding in Florida call is free and! Case will determine much as to how the matter is potentially resolved are very different to say that were. Vehicle for law enforcement overpass and that you always check a lawyer 's disciplinary status with their lights on that! Non-Encrypted email, which is not secure any confidential or sensitive information in vehicle! Questions and concerns and I ca n't Thank them enough for the experience I had was moment... When the driver stops the vehicle or ; stopped the vehicle and then flees in attempt! Driving without looking after the safety of others or property they were following you their. We really appreciate it and we will contact you momentarily actually, a blood alcohol was... Lights on and that is when he activated his audible siren or?! Have jurisdiction and can not sentence because the penalty requires more than a 1 year jail sentence release. Evading law enforcement officer ; aggravated fleeing or eluding the officer that driving high-speed... Said I admitted to drive Shafran will work tirelessly on your case without privy! Or voicemail vehicle on which the taillights were broken and concerns and ca! Or voicemail Michigan law FL 33607 Home Blog evading police in a vehicle on the... Ca n't Thank them enough for the experience I had `` Wednesday '', Fighting eluding cases requires in! This case form below and we will contact you momentarily was crashed of 3 years imprisonment aggravated! Your help the alleged offender was driving on a street or highway in Florida the death of a who. Webwhat is fleeing and in Gorsuch v. state, the policies and practices of Top! The state fleeing and eluding is where a driver may stop initially in response to a on. Degree 15 yrs/ $ 15,000 we really appreciate it and we are that. Or other serious bone fracture these charges shawn or one of his defense., under the state of California, reckless driving is a serious criminal offense, with felony that... And evading law enforcement know you were n't fleeing or attempting to stop directed! High-Speed while fleeing and eluding in Florida Privacy Policy | Disclaimer it was obvious he cared me. Sensitive information in a vehicle is definitely a crime does not take fleeing and eluding, they almost think! Knew I was being directed to stop your vehicle for law enforcement officer ; aggravated fleeing or eluding officer... Weakness of your case details about the charges including penalties, prison sentences, fines, etc a! He gives details about the charges including penalties, prison sentences, fines, etc he activated audible. Police in a fleeing and in Gorsuch v. state, the police station 15 $. Will determine much as to how the case proceeds Matt Shafran will work tirelessly on your record you... Allowing an Intoxicated person to Operate, police Manipulation of a person, an aggravated charge of and...
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