Attorney Offices by
Municipality
- Statewide
- WILLIAM C. HEAD is Senior Partner in Head, Thomas, Webb & Willis, LLC,
a 10-member firm handling both felony and misdemeanor criminal cases.
Mr. Head has built his reputation in the field of aggressive defense of
accused drinking/drugged drivers. Mr. Head is a 27-year,
battle-scarred veteran of "The American DUI Wars", personally handling
over 1000 successful* contested DUI cases in the past 10 years. The
attorneys in his law firm collectively have over 100 reported appeals
(pre-trial and post-trial) and are America's largest contingency of DUI
defense attorneys in a single office. The firm covers the entire
state of Georgia. He is the author of three books, including The
Georgia DUI Trial Practice Manual (West Publishing--[formerly
Harrison]) and "101 Ways to Avoid A Drunk Driving Conviction" (Maximar
Publishing Co., co-authored with Reese Joye) Mr. Head has also been a
national pioneer in organizing, training and supporting DUI/DWI defense
attorneys across the USA in sponsoring cutting-edge scientific
training, including SFST "NHTSA" field test training and certification
and breath, blood and urine certification seminars. Mr. Head was one
of the original 12 founders of the National College for DUI Defense,
Inc., and serves as a Regent. [*Definition of 'successful': The client
was originally charged with DUI, but ended the case with either an
acquittal or a reduction to some offense other than DUI].
- Alpharetta
- Atlanta
Atlanta
Atlanta
Atlanta
Atlanta
Atlanta
- Augusta
- Bogart
- Lancaster
& McKillip: Choosing an attorney for your legal problem is a very
important decision. Whether you win or lose depends not only on the
circumstances of your case but upon how well it is presented to a
judge, a jury...
- Brunswick
- Gough Firm:
The Intoxilyzer 5000, the breath testing device for the State of Georgia, is not a handheld device. It is typically taken either at the police station or detention center.
- Calhoun
- Groover Law Firm:
Criminal defense – including DUI, drug crimes, property crimes, and other criminal charges.
- Canton
- Burns, Speights & Grisham:
If you have been arrested for a charge of driving under the influence (DUI) in the metro Atlanta area, your immediate concerns are clear: You want to avoid jail time, keep your driving privileges, and put this legal problem behind you as soon as possible.
- Ballinger & Associates:
When a loved one is charged with a crime it can be a very intimidating and trying time. It may be scary because you or your loved one may not know what to do after being charged with a crime. It is helpful to speak to a qualified attorney who has knowledge of the criminal procedure and experience in and out of the courtroom.
- Daniel Mason:
Drinking and driving charges can ruin your career. If you are arrested for a DUI, you must spend a mandatory twenty-four hours in jail. The stiff penalties associated with drunk driving arrests can have grave consequences, especially if you are expected to be at your job in the morning.
- Carrollton
- R.T. Duffee:
There is a lot at stake with that drunk-driving charge.
- Daniel Barnes:
We ... believe that there are inherent flaws in the procedures and testing equipment currently used in this state,
flaws so glaring that innocent people are constantly being charged with DUI.
- Allen Trapp:
In order to be convicted of DUI, it must be shown that you were driving
or in actual physical control of a moving vehicle. The burden is on the
State to show that the officer had a reasonable, articulable suspicion
for stopping or approaching the vehicle. If you were stopped at a
roadblock, the prosecutor must show that the roadblock was set up in
accordance with the Fourth Amendment to the U.S. Constitution. These
issues are somewhat complex. Lawyers who only handle the occasional DUI
will not be aware of the latest cases that affect your rights.
- Cartersville
- Columbus
- Stephen
Craft:
There are limited cases where you can obtain a permit to drive even after a DUI.
- Cornelius
- Gus
McDonald: You have been arrested for DUI ... the State of Georgia is
building a criminal case with serious consequences for you. If you wish
to be fairly treated, you must obtain a competent attorney that will
vigorously defend you and your legal rights.
- Conyers
- Qader Baig:
Drunken driving can result in license suspension, civil penalties and criminal charges.
- Daniel Chapman:
-
You were arrested properly?
-
Your breath or blood test was
accurate? -
You were read your rights
properly? -
Your field sobriety tests
were given properly? -
Your arresting
officer is properly trained? -
Your
vehicle was stopped lawfully? -
Your
case can be dismissed or reduced. -
Jail time can be avoided. -
Your license and job can be saved.
- Cumming
- Dalton
- Hinman, Ralph: Q: Do I have to be drunk to be charged?
A: No. A DUI charge simply implies that a driver has consumed enough alcohol and/or drugs of any kind to make him or her a less safe driver. A minor traffic infraction, such as an improper lane change, disregarding a traffic signal, failure to yield, or driving too fast or too slowly -- combined with even a small amount of alcohol, or any drugs -- may become justification for a DUI charge of "less safe".
Q: What alcohol level constitutes DUI?
A: Under Georgia law, a person over 21 years of age is considered "per se" under the influence if he or she has a blood alcohol content of .10 within 3 hours of driving. A person with a blood alcohol content of .08 is presumed to be under the influence and will be arrested.
A driver 21 years old or over is presumed not to be under the influence of alcohol with a blood alcohol content of .05 or under, but could be charged, at the officer's discretion, if his or her blood alcohol content is .05 to .07.
Drivers of ages 15 to 21 years may be convicted of DUI with a blood alcohol content of only .02 or higher.
NOTE: THE PENALTIES FOR DUI FOR PERSONS UNDER 21 YEARS OF AGE, PARTICULARLY STUDENTS, CAN BE FAR REACHING AND COMPLEX, DEPENDING ON THE FACTS OF EACH CASE, AND WILL NOT BE ADDRESSED FURTHER IN THIS REPORT. CALL US FOR QUESTIONS REGARDING UNDERAGE DRIVERS.
Drivers of commercial vehicles who are 21 or older may be convicted of DUI with a blood alcohol content of .04% or higher. Commercial drivers who suffer a conviction often find themselves unemployable as drivers for insurance reasons.
Q: If stopped, do I have to take the tests?
A: No. There are two types of tests.
1. Field sobriety exercises are the type given by officers in the field, and include physical dexterity evaluations (walk the line, one leg stand, follow finger with eyes, etc.) and, sometimes, a hand held (alco sensor) breath test. These tests are voluntary, and you have the right to refuse to take them.
2. The State administered chemical test (at the station or hospital or in bat mobile) of your breath, blood, and/or urine. You have the right to refuse these tests as well. However, you are given an implied consent warning, which tells you that you must take the test the officer designates or you will lose your license for 12 months.
Drivers with out of state licenses will lose their privilege to drive in Georgia, and their home state may revoke their residence license.
In addition to the police officer's test of your blood, breath or urine, you have the right to take an additional test with qualified personnel of your own choice (and at your expense). The police officer must transport you to your designated hospital for testing, if it is within a reasonable distance.
Q: Will my license be suspended on a first arrest?
A: Yes, if your test results are .10% or higher. However, the law provides for a 30 day administrative suspension on first offenses. This administrative suspension begins on the 31st day after your arrest and you will be given 10 business days to appeal it. If you appeal the suspension, this will put a stay (or stoppage) on the suspension pending a hearing on the appeal.
CAUTION: IF YOUR LICENSE IS SUSPENDED EITHER IN THE MANNER DESCRIBED ABOVE OR IF YOU REFUSE TO TAKE THE TESTS, YOU MUST FILE A REQUEST FOR A HEARING WITHIN 10 BUSINESS DAYS. FAILURE TO DO SO COULD COST YOU BOTH YOUR RIGHTS TO APPEAL AS WELL AS YOUR LICENSE. CALL OUR OFFICE IMMEDIATELY TO REQUEST A HEARING!
If you are found Not Guilty, or your charges are reduced or dismissed, the license suspension is terminated.
Q: How accurate is the breath test?
A: The Intoxilyzer 5000 is just a machine, affected by outside forces. The machine does not allow for individual variations and other factors such as mechanical failures. Other bodily chemicals, even foods such as white bread, may also influence the test results.
Q: What happens to my car when I'm arrested?
A: Always ask to leave your vehicle at it's present location and tell the officer you will release him and the police department from all liability resulting from the vehicle remaining at the location.
Another driver may not always be allowed to drive your car home. Most likely it will be towed at your expense, usually at a cost of $50 to $200, not to mention the aggravation of reclaiming your automobile from the wrecker service
Q: What is a nolo contendere plea?
A: A "nolo" is a plea that allows you to dispose of your case without admitting guilt. As of July 1, 1997, the only benefit derived from this plea is that it cannot be used against you in a subsequent civil action. It no longer prevents license suspension.
A DUI charge simply implies that a driver has consumed enough alcohol
and/or drugs of any kind to make him or her a less safe driver. A minor traffic
infraction, such as an improper lane change, disregarding a traffic signal, failure to
yield, or driving too fast or too slowly -- combined with even a small amount of
alcohol, or any drugs -- may become justification for a DUI charge of "less safe".
- Decatur
- Douglasville
- Dawn Scotland:
If you are facing criminal charges in the greater Atlanta area, you need a defense lawyer who understands what you are up againstÑsomeone who knows the other side and how they think. Someone who will talk straight and also give you an aggressive defense.
- Duluth
- Eatonton:
- Gailey Law Firm:
Being arrested and charged with a crime, whether it is a misdemeanor or
a felony, is not a matter to be taken lightly. If one is unfortunate
enough to ever become convicted of a felony, the chances of retaining
meaningful employment are extremely difficult.
- Evans
- Davison, William:
Even Minor Traffic Violations Can Have Serious Consequences
A simple speeding ticket today can result in hefty fines and increased insurance rates for many years into the future. A reckless driving charge will likely add points to your license and may even result in the loss of your license and driving privileges. To reduce the long-term impact of your ticket, you may want to challenge the ticket. To challenge the ticket effectively, you should seek the counsel of an experienced lawyer.
- Fayetteville:
- Suttles, Robert:
Charged with Drug Possession or DUI?
The first and formost question that needs to be asked is, "Did the police have sufficient probable cause for the search and or stop?"
If the police lacked the sufficient probable cause to search or stop the vehicle, your fourth amendment rights have been violated and this illegal search and seizure can be surpressed from being introduced into evidence against you!
The fourth amendment states: The right or the people to be secure in their persons, homes, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particulary describing the place to be searched and the person or things to be seized.
This attorney has show the courts that an individual was illegally stopped while carrying twenty-six (26 lbs) pounds of marijuana and wrongfully arrested. A motion to supress evidence resulted in all charges against the individual being dismissed!
Drugs:
What happens to my drivers license if I am convicted of a felony or misdemeanor drug charge?
In a given five year period, the drivers license suspension is for a minimum of 180 days. No limited driving permit is available during this 6 month suspension.
Upon the second conviction in 5 years, the suspension is for 3 years with possible reinstatement after one year.
Upon the third conviction in 5 years, the suspension is for five years with the possibility of a limited driving permit after two years. If you are caught driving on a drug related suspension, you face a minimum fine of $750 up to a maximum of $5000 and a seperate 12 month jail sentence along with an additional license suspension. Pleading no lo contendere for a DUI/Drug case will not save your license!
First offender is not available in a DUI/Drug case.
What happens if I am pulled over for Drunk driving and I refuse to take a breath test?
Your drivers license will be suspended for one year and no limited driving permit is available during this one year suspension. There is a way to stop this one year suspension!!!
What happens if I plead guilty under O.C.G.A. 16-13-2(a) condition discharge statute is my license suspended?
No, unless the court wants the suspension of your drivers license be part of the probation, the court doesn not have to report this conviction to the DMV.
What happens if I am charged with misdemeanor possession of marijuana?
Can my drivers license be kept from suspension?
Yes, There are two pleas that can be entered to save your drivers license.
What happens if I am caught driving on a suspended drivers license under O.C.G.A. 40-5-121?
There is a mandatory minimum five or $500 and a jail sentence or two (2) days. If you plead guilty or convicted of driving on a suspended license, there is an additional license suspension of six (6) months from date of conviction and no limited work permit is available. The second conviction for this offense requires a ten (10) jail sentence minimum and up to one (1) year and a $1000 fine. Your drivers license will be suspended for another six (6) months. This conviction is now a high & aggravated misdemeanor with up to a fine of $2500. There is always a way to save your drivers license with a certain plea and the jail time may be suspended or probated!!!
Caught driving without insurance? What will happen to my drivers license?
If you have proof of effective insurance at the time of citation, the court will not suspend your license and a maximum fine of $25. If found guilty, the license will be suspended for 60 days from conviction date. A second in five years, the suspension is for 90 days.
There is a way to keep your license with a certain plea with the court!
- Christy Jindra:
The penalties for a first-time DUI conviction in Georgia can include up to a $1,000 fine, twelve months in jail, and a suspended driver's license for up to three months. It gets worse. A DUI conviction will remain a permanent part of your driving record. Not for five years. Not for ten years. Forever. In addition, your name will be included on the National Driver's License Registry.
- Jim
Whitlock:
The prosecutor is there to prosecute you; he is not on your side. Theoretically,
the Judge is supposed to be fair and impartial, he is not on your side either.
Make no mistake! Your Lawyer is the only one involved who is on your side. It is so
important, that the court will tell you that if you can't afford a Lawyer, the court
will appoint you one.
- Forrest Park
- George Creal:
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Unfortunately, you don't have alot of rights in a DUI arrest. There is generally a DUI exception to the Constitution.
- You have the right to refuse field evaluations. However, an inference may be drawn from your refusal.
- You have the right to speak to an attorney...when you get to jail.
- You have the right to a phone call...when you get to the jail.
- You have the right to refuse a breath, blood or urine test...but you may lose your PRIVILEGE to drive.
- You have the right to an independent test of your breath, blood or urine... but you have to take their test first.
- You
have the right to FULL INFORMATION if you submit to the State
tests...but the courts like to limit what FULL INFORMATION actually is.
If you want to protect your rights, hire a DUI attorney. |
- FORSYTHE
- BUTTIGIEG, DUSTIN:
When you have been arrested or charged with a crime in Georgia, you need to act fast to preserve your rights and ensure you do not jeapardize your freedom.
- Gainesville
- Grayson
- Scott Drake:
After a defendant has been arraigned and gone through all of the
preliminary proceedings such as entering a not guilty plea, a trial
will take place. Whether or not the defendant will have a jury will
depend upon the defendant's choice. The defendant can select a jury
trial or a bench trial. The prosecution cannot demand a jury trial. A
bench trial is only in front of a judge. The judge hears the case and
determines whether the defendant is innocent or guilty. The judge also
decides evidentiary issues, objections, and sentencing. A jury trial
takes place after a jury is selected and empaneled or sworn in. The
jury hears testimony and argument and reviews the evidence. The jury
returns a verdict. Sometimes the jury is also asked to determine
sentence and other times the trial judge determines sentence. The
defendant is entitled to a jury trial under all state constitutions and
under the Sixth Amendment of the United States Constitution.
- Griffin
- Singleton and Singleton:
Many times, people find they must face a legal problem that they never
thought they would encounter. We work hard to understand your
problemsand develop efficient, responsive, and practical solutions to
your meet your needs. We understand that good people experience bad
situations. Therefore, we invite you tocontact us when you need legal
services so thatyou mayexperienceour expertise in legal counseling.
- Jonesboro
- LaGrange
- Ricardo Samper:
You can be arrested for DUI by driving while over the legal BAC in your
state or while impaired. But, you need not actually operate the car in
order to be arrested. You can still be found guilty if you had the
capability and power to dominate, direct, or regulate the vehicle,
regardless of whether you were exercising that capability or power at
the time of the arrest. In other words, simply sitting behind the wheel
with the keys in the ignition can lead to your arrest for DUI by being
in "actual physical control" of the car.
- Lawrenceville
- Macon
- Powers, Jeffrey:
Each year stronger DUI laws and more severe drunk driving penalties are occurring nation wide. There are many different types of driving offenses, all of which hold different penalties and consequences for those guilty of committing them. Within ten (10) days of arrest, you MUST send a certified letter to the DDS requesting a hearing before an administrative law judge or your drivers license will be suspended automatically.
Convictions in Georgia could mean jail time, loss of driving privileges, increased auto insurance rates, alcohol and drug educational classes (DUI school), a lifetime conviction on your criminal record, points on your DMV driving record, employment consequences, the inability to rent a car, consequences in unrelated legal proceedings (such as divorce or child custody hearings), not to mention the shame and humiliation associated with an arrest for DUI.
- Marietta
- McDonough
- Newnan
- Stemberger, Cummins & Arnall:
Blood alcohol level (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test, although blood and urine testing is done in some instances. If the level is found to be at or over .10, or .08 in some states, the test results can establish a presumption of impairment.
- Norcross
- McIlhinney & Sessions:
There are actually six different types of DUI violations under Georgia law.Ê O.C.G.A. ¤ 40-6-391 states that: Ê
¥ (a)ÊA person shall not drive or be in actual physical control of any moving vehicle while:
¥ (1) ÊUnder the influence of alcohol to the extent that it is less safe for the person to drive (we commonly refer to this as GeorgiaÕs DUI Ð Alcohol [Less Safe] Law);Ê
¥ (2) ÊUnder the influence of any drug to the extent that it is less safe for the person to drive (we commonly refer to this as GeorgiaÕs DUI Ð Drugs [Less Safe] Law);Ê
¥ (3) ÊUnder the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive (we commonly refer to this as GeorgiaÕs DUI Ð Toxic Vapor [Less Safe] Law);Ê
¥ (4) ÊUnder the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive (we commonly refer to this as GeorgiaÕs DUI Ð Alcohol and Drugs [Less Safe] Law);Ê
¥ (5) ÊThe person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended (we commonly refer to this as GeorgiaÕs DUI Ð Alcohol [Per Se] Law); orÊ
¥ (6) ÊSubject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether any alcohol is present in the person's breath or blood (we commonly refer to this as GeorgiaÕs DUI Ð Drugs [Per Se] Law).Ê
ÊÊÊÊÊÊSPECIAL CONSIDERATION: GEORGIA LAW STATES THAT A PERSON CHARGED WITH DUI IS NOT ABSOLVED OF GUILT BY VIRTUE OF THE FACT THAT THE PERSON IS LEGALLY ENTITLED TO USE A DRUG. IN OTHER WORDS, YOU MAY BE TAKING A DRUG UNDER A PRESCRIPTION ISSUED BY YOUR DOCTOR AND STILL BE CHARGED WITH DUI.
- Robert Travis:
When your criminal recrod is at jeopardy or your freedom is in danger of being taken from you, you need an aggressive attorney who will fight for you.
- Peachtree City
- Webb, Stuckey & Lindsey
Any person who operates a motor vehicle upon the highways or elsewhere
throughout the State of Georgia is deemed to have given consent to a
chemical test or tests of the person=s blood, breath, urine, or other
bodily substances, for the purpose of determining the alcoholic or drug
content of the of the person=s blood, if arrested for driving under the
influence of alcohol, drugs, or other intoxicating substances. The
tests are to be administered at the request of a law enforcement
officer having reasonable grounds to believe that a person has been
driving, or was in actual physical control of a motor vehicle upon the
highways or elsewhere throughout this state in violation of the law.
The suspect shall be advised of his rights and obligations regarding
this implied consent at the time the arresting officer makes the
request to submit to the test(s).
- Rome
- Fred Simpson:
Too many people assume they have no defense after being arrested for DUI. They go to court unprepared, or they just plead guilty. Don't make that mistake.
Let a lawyer take a look at your case. Was that initial police stop legal? Did the police have a right to search your car or seize evidence? Was the Breathalyzer test or field test administered properly? Did the police officer follow the correct procedures?
- Roswell
- Saint Marys
- Clyde Urquhart:
Many state laws require criminal defendants to pay restitution to their
victims and/or to the state for harm directly caused by the defendant's
crimes. Such laws are generally enacted to provide compensation for a
broad array of costs resulting from crimes such as fraud, personal
injury, death or property damage. When determining costs, courts often
consider victim expenses resulting from, among others, the inability to
be gainfully employed; physical and/or psychological rehabilitation;
and burial expenses. Sometimes, where feasible, defendants may be
ordered to return property.
- Savannah
- Statesboro
- Keith Barber:
Warning: if you refused the test or were charged with refusing the test
you face an automatic suspension of your license for one or more years.
You have 10 business days from the date of your arrest to file an
appeal and a "request for hearing" with the georgia department of
public safety. Likewise, if you submitted to a test which yields a
result of 0.080 Grams or more (.02 Or more if under 21 and .04 Or more
if operating a commercial vehicle), you may also be suspended from
driving for 1 to 5 years.
- Troy Marsh: If you
have been arrested and charged with driving under the influence of
alcohol or drugs, or a combination of the two, you need fast help and
fast answers. You may only have ten (10) business days from the date of
your arrest to save your driver's license or driving privileges! Troy
Marsh has successfully handled numerous D.U.I. cases in many different
Georgia courts.
- Stockbridge
- Schoolcraft, Stanley:
...when you face a DUI charge you fear loss of license, heavy fines or even jail time depending on the offense.
- Barton, Thomas:
You would be surprised how many people think they can handle a drunk driving charge on their own. These people do not realize how complicated the legal process is and how seriously the courts take DUI arrests. If you have been arrested for DUI, it is important to find an attorney who understands DUI laws and who will be there for you from the beginning of your case until the very end.
- Sugar Hill
- Wren Law Firm:
New laws lowering the legal blood alcohol limit to .08 have resulted in
serious criminal charges for normally law-abiding Georgia residents who
may not even have been impaired. Most people are unaware that when they
receive a Georgia drivers license that they are giving implied consent
to be tested for alcohol use while behind the wheel. The penalties for
Georgia drunk driving or DUI can be severe, including substantial
financial penalties, license revocation suspension and even jail time
for repeat offenders.
- Suwanee
- Lekan Law Firm:
You have been charged with a criminal offense and you need an attorney to represent you in court. You are concerned about the impact that a criminal conviction will have on your personal freedom and your rights.
- Toccoa
- Healy & Svoren:
There are thousands of crimes, ranging from murder to drug distribution; from burglary to driving under the influence.
- Tifton
- Toccoa
- Black Law
Offices:
Quite often, there has been a failure by the officer to comply with the
requirements of the implied consent warning, proper testing
procedures, Miranda warnings, field sobriety testing or other matters. It
is our task to identify these deficiencies and attempt to turn them to
your advantage.
- Unknown
- possible jail time, even for a first-time DUI
- being fired
- being denied employment as a driver because you do not have a clean driving record
- losing your driver’s license for a year.
- time off work to meet with a probation officer
- time spent performing community service
- required classes and assessment for DUI offenders
- having an ignition interlock device attached to your car, which requires the driver to take a breath test before the vehicle will start.
- George Stein:
The new DUI laws in Georgia require jail time for a first DUI offense. This jail
time is mandatory, and therefore, the judge has no choice but to include it in
your sentence if you plead guilty. This strict law is causing many Georgia
citizens to take an aggressive stance in court.
- Valdosta
- Charles A. Wetherington:
If you have been charged or arrested for a felony or misdemeanor
criminal offense, you now face a process that carries with it the
possibility of serious and permanent consequences. You need an attorney
to aggressively protect your legal rights, and to fight for your
interests.
- Samuel F.
Greneker:
In light of
the potential consequences, our
mission is to throw light on all
possible issues that may lead to
an acquital or reduction of charge
to a less serious offense.
- J. Michael Mullis:
DUI law is the most complicated area of criminal law in the Georgia Code.
- Warner Robbins
- Watkinsville
- Slider & Gonzalez:
When charged with a criminal offense it is important to have an experienced criminal defense attorney fighting to represent you. Being charged with a crime is a difficult experience and one that can drastically affect your life for years to come. Throughout Athens-Clarke County and all of Northeast Georgia, including the University of Georgia, police and prosecutors take a very tough stance against people alleged to have committed criminal offenses. It is important to have an attorney that is familiar with the local prosecutors, judges and law enforcement community.
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