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Boating While Impaired in Illinois

September 20th, 2018 at 11:34 am

Cook County boating while intoxicated lawyerIn Illinois, we are lucky to be located near Lake Michigan and other smaller lakes that are sprinkled throughout the state. Nice weather often calls for days spent with family and friends on a boat. For most people, these fun activities often involve the enjoyment of alcoholic beverages. However, what most people do not think about is the potential that they may face criminal charges while driving or operating a boat under the influence of alcohol.

What Is Boating Under the Influence?

In Illinois, the same law applies to boating under the influence of alcohol as for driving under the influence (DUI). If you are operating a boat with a blood alcohol content (BAC) over .08%, you can be charged with DUI. Additionally, operating a boat under the influence of drugs can also result in a DUI charge.

Picture the vessel in which you suspect a person would get in trouble for boating under the influence. Is it a speedboat? A person can be charged with boating under the influence when operating any number of different vessels, including yachts, sailboats, personal watercrafts, fishing boats, etc. Do not get fooled into thinking you are safe from a DUI charge just because you are not on a speedboat on the lake.

Who Can Test Me?

The law in Illinois dictates that a person consents to be tested for drugs and alcohol when they choose to operate their boat on the water. A person may refuse to participate in a drug or alcohol detection test, but that refusal will likely lead to an arrest and suspension of boating privileges for up to two years.

Boats can be “pulled over” just like cars on land if law enforcement suspects that you are operating your boat under the influence of alcohol. Busy days on the water and popular holidays can even lead to a checkpoint being set up to find those who are operating their boat under the influence.

Consequences of Boating Under the Influence

Just like a DUI in a car, a DUI on a boat can land an individual in a world of trouble. Driver’s license suspension, jail time, fines and costs, and probation are just a few of the penalties that can result from a boating under the influence charge. Additionally, multiple offenses will cause a boat driver to be in more trouble and face steeper sentences.

Contact a Cook County Criminal Defense Lawyer

If you have been charged with a DUI for boating under the influence, dedicated Rolling Meadows DUI defense attorney Christopher M. Cosley can help you understand your options for defending against these charges. Contact us at 847-394-3200 to schedule a free consultation and find out how we can help you.
Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Defending Against Sex Crime Charges in Illinois

September 18th, 2018 at 11:15 am

Cook County sex crime defense attorneyAll criminal charges need to be taken seriously. That being said, because of the penalties associated with sex crimes, those facing these charges are encouraged to seek professional representation immediately. Individuals who are charged with or convicted of a sexual offense, such as sexual assault or possession of child pornography, are likely to have a negative reputation that can follow them around forever. The stigma around alleged sex offenders is so powerful that it can be hard to shake this bad reputation, even if the defendant has been cleared of all charges. In the event a defendant is convicted of a sex crime, the consequences can be even worse. Sex crime convictions can carry a host of consequences, including significant jail time and being listed on the sex offender registry for the rest of your life. As such, you need an aggressive defense attorney who can protect your rights and your reputation.

Suppressing Evidence

Without evidence, there is generally no criminal case. Every crime and charge is different, but a criminal defense attorney will work tirelessly to suppress any evidence that is improperly collected against a defendant. Regardless of the crime or suspicion, everyone is entitled to their Constitutional rights. The Fourth Amendment to the Constitution gives individuals the right to be free from unreasonable searches and seizures. If the collection of evidence violated your rights, this could be a large factor in preventing criminal charges from being brought.

Improper Police Conduct

In addition to making sure that a police officer has the proper search warrants to collect evidence, the police have other conduct-related requirements that they must follow. For example, entrapment can often be a defense in sex crime cases. Entrapment is a complex area of the law, but your attorney may be able to show that if the police had not enticed you to commit a crime, you would not have committed the alleged offense.

Challenging Witness Testimony

Evidence in many cases comes from eyewitness testimony. However, not every witness is credible. Being able to poke holes in a witness’s story or credibility can discredit the witness enough to make their testimony unusable.

Another way to discredit a witness is by finding reasons that they might be lying about their memory or account of events. In some instances, people might be willing to lie to help out a family member or friend or because of a vendetta against the alleged offender. Exposing these lies is often key in defending against sex crime charges.

Contact a Cook County Sex Crime Defense Lawyer

Reputation is important. It follows you for the rest of your life, and it is hard to change other people’s perception of you. As such, criminal charges for sexual offenses can have a devastating impact on the rest of your life. You need an attorney who is willing to provide an aggressive defense and work hard to avoid the consequences of a conviction. Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley is here for you. Attorney Cosley is committed to providing the best defense possible under the circumstances. Contact us today at 847-394-3200 for a free consultation.

Sources:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?docname=072000050hart%2E+11&actid=1876&chapterid=53&seqstart=14300000&seqend=20800000

Privacy Rights Upheld in Recent Supreme Court Case

September 14th, 2018 at 8:31 am

Chicago criminal defense lawyer unreasonable search and seizureIf you are facing a criminal charge, this does not mean that you are not entitled to the same rights and protections afforded to other individuals in the United States, including the right to privacy. The Fourth Amendment to the Constitution affords citizens the right to be free from unreasonable searches and seizures. Search warrants are used to ensure that if a search is being conducted, then there is a legitimate reason and cause for conducting the search. There are exceptions to this rule, however. Recently, the Supreme Court of the United States upheld the right to privacy for suspects regarding warrantless searches.

Collins v. Virginia

In the case of Collins v. Virginia, the defendant was suspected of being in possession of a motorcycle that had been stolen. The motorcycle was parked under a three-walled enclosure that was covered with a tarp. This enclosure was located at the defendant’s girlfriend’s house. The house also had a traditional garage that could completely block the inside of the garage from outside view. The police suspected that this motorcycle was parked at the defendant’s girlfriend’s home and therefore went to examine the scene. Instead of obtaining a search warrant, the police officers proceeded up the driveway to where the motorcycle was parked under the tarp. The motorcycle turned out to be the stolen property they were looking for, and the defendant was arrested.

At trial, the defendant argued that his fundamental right to privacy that is guaranteed by the Fourth Amendment was violated because the police did not have a valid search warrant for the property. The state argued that finding the motorcycle without a search warrant fell under the automobile exception. The automobile exception states that police are allowed to search a vehicle when there is probable cause that the vehicle contained some type of evidence or contraband.

The Court found that the automobile exception was not applicable in this case. Instead, the three-walled tarp enclosure could be considered a part of the home. As a part of the home, it receives the same type of heightened rights to privacy as the living area of the home. The Court went on further to state that the automobile exception applies only to situations where the alleged evidence or contraband is inside of a vehicle, not sitting underneath a tarp on someone else’s property.

An Attorney Can Help You Today

If you have been charged with a criminal offense and are concerned your rights have been violated, contact experienced Rolling Meadows criminal defense attorney Christopher M. Cosley. Attorney Cosley is dedicated to using every possible defense applicable under the circumstances, including improper searches due to lack of a search warrant. We know that just because you might be charged with a crime, you should not lose your rights. Contact us today at 847-394-3200 for a free consultation.

Sources:
https://www.law.cornell.edu/wex/automobile_exception
https://www.supremecourt.gov/opinions/17pdf/16-1027_7lio.pdf

The Timeline of a Criminal Charge in Illinois

September 11th, 2018 at 10:43 am

Cook County criminal defense attorneyFacing criminal charges can be a truly scary prospect. The process for how these charges are handled might seem tricky and confusing, but if you know the timeline and what to expect, it can ease your worries – at least a little. While every case is different and should be considered independently, there is a general framework of how the system works in Illinois. The following includes a general timeline of criminal charges in Illinois that you may encounter when facing the criminal justice system with the help of a skilled attorney:

The Offense and Arrest

A charge cannot be made unless a person is reasonably suspected of committing criminal activity. This suspicion may be determined through an extensive police investigation into an individual’s activities or through something as simple a traffic stop. However, the police must have probable cause in order to make an arrest. After being arrested, a suspect must be read their Miranda rights, informing them that they have the right to remain silent and contact an attorney.

Preliminary Hearing or Grand Jury

If the offense in question is a felony charge, a preliminary hearing or grand jury hearing will be used to formally charge the suspect. In these hearings, the prosecution must present a summary of the evidence against the defendant. The judge in a preliminary hearing or the jury in a grand jury hearing will decide whether there is enough evidence to charge the defendant with the crime.

Arraignment

At arraignment, a defendant is formally read the charges against them and given the option to plead “guilty” or “not guilty.” A defendant has the right to be represented by an attorney at the arraignment, and if necessary, the arraignment can be postponed while the defendant finds an attorney.

Trial Preparation and Trial

After arraignment, trial preparation begins. A defendant has the option to enter into a plea bargain and avoid a trial altogether. The defendant and their attorney will often enter into negotiations with the prosecution in an attempt to avoid trial. If no plea bargain is reached, then a trial will take place. Before trial, the defense attorney will contact witnesses, review documents or evidence obtained through discovery, and strategize the best options for success. At trial, both sides will present their case, and the judge or jury will decide on a verdict.

Verdict and Sentencing

The verdict will be read at the conclusion of the trial. If the defendant is found guilty, a separate sentencing hearing will be scheduled to determine the proper sentence. A sentencing hearing will also occur if a defendant decides to plead guilty at any time before a verdict is reached.

Appeal

A defendant has the right to appeal their case. To be successful, there must have been errors made during the trial, an unfair or improper sentence, or some other issue that greatly impacted the verdict and/or sentence.

Contact Us Today for Help

If you have been charged with a crime, an experienced attorney can help you navigate the legal process and determine your best options for defense. Skilled Rolling Meadows criminal defense lawyer Christopher M. Cosley can help you through all stages of a criminal charge. Contact us today at 847-394-3200 to arrange a free consultation.

Sources:
http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_IV/ArtIV.htm#411
http://www.icjia.state.il.us/assets/pdf/ResearchReports/Policies_and_Procedures_of_the_Illinois_Criminal_Justice_System_Aug2012.pdf

Consequences of Resisting Arrest

September 6th, 2018 at 9:10 am

felony charges, Illinois criminal charges, misdemeanor charges, resisting arrest, Rolling Meadows defense attorneyNo one expects, or wants, to be arrested on any given day. There are many stories in the news these days about people resisting arrest and are injured in the process. Even though getting arrested is an inconvenience, it is important to not resist a police officer making an arrest. Resisting arrest in Illinois can result in additional criminal charges.

Resisting Arrest in Illinois

Under Illinois statute, the official title for resisting arrest is “Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Institution Employee.” This title brings about a broad category of people to whom the statute applies. Police officers, peace officers, firefighters, and correctional officers are all considered protected workers under the statute.

Additionally, it is not just resisting an actual arrest that can result in a charge under the statute. In addition to resisting arrest, other acts can result in a charge and include:

  • Hitting a protected worker during the arrest;
  • Not consenting to being arrested;
  • Being hesitant to respond to the arrest or moving too slowly or reluctantly;
  • Acting in a way that results in an officer having to drag you or carry you during the arrest;
  • Running away from an officer while being arrested; and
  • Pulling away from an officer while being arrested.

The statute does not just cover situations where a person “resists” arrest in some way or another. One can also be charged if he or she obstructs the protected worker while doing his or her duties.

Examples of ways one can obstruct a protected worker who is doing his or her job include:

  • Not leaving the scene of a crime after being instructed to do so;
  • Causing an interference in a police investigation;
  • Preventing a protected worker from doing his or her job, like preventing a firefighter from being able to put out a fire;
  • Relaying false information to the police; and
  • Using fake identification when talking to the police.

The charge of resisting arrests can result in a misdemeanor charge. A conviction carries a penalty of at least spending 48 hours in jail or completing 100 hours of community service. There is also the possibility of fines. Resisting arrest can result in a felony charge if an injury is caused to the protected worker while resisting or obstructing.

Contact Us Today for Help

While resisting arrest might not seem like a big issue, it is and should be taken seriously. Criminal charges are serious and should be treated as such. Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is here to defend you no matter how seemingly small the charge. Do not let charges accumulate on your criminal record. Contact us today to get your defense started.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1

What Should I Do if I Am Charged with Credit Card Fraud?

September 5th, 2018 at 6:41 am

Rolling Meadows white collar crime attorney, white collar crime, deceit concealment, credit card fraud, credit card crimesThe Federal Bureau of Investigation (FBI) defines white collar crime as crimes characterized by “deceit concealment, or violation of trust” that are also not “dependent on the application or threat of physical force or violence.” Usually, motivation behind a white collar crime is some type of financial gain. A common type of white collar crime is credit card fraud, and Illinois treats credit card fraud cases very seriously. 

Credit Card Fraud in Illinois

There are several instances in which a credit card fraud charge could be brought. Essentially, credit card fraud involves the improper use or possession of a credit card, whether it be your own credit card or someone else’s credit card. Examples of credit card fraud include:

  • Using incorrect information or making a false statement in an attempt to receive a credit card;
  • Using another credit card, without permission or consent;
  • Transferring or selling another person’s credit card;
  • Defrauding another individual with a credit card;
  • The use of an expired, revoked, or counterfeit card;
  • Possessing a credit card that you know is lost with the intention of using the card, transferring, or selling it; and
  • Signing another person’s credit card with the intent to defraud.

Penalties

The type of charge associated with credit card fraud (misdemeanor or felony) depends on the amount of fraud at issue. A credit card fraud charge can be a Class 4 felony, Class 3 felony, or a Class A misdemeanor. The more amount of money at issue, the more serious the charge – a felony over a misdemeanor charge. The following are the penalties associated with each type of charge:

  • Class A Misdemeanor results with property values less than $150. A sentence of up to one year, potential fines of $2,500 for each offense, or restitution can result.
  • Class 4 Felony is appropriate when the value of property is between $150 to $300. There is the potential for one to three years in prison, periodic imprisonment, up to $25,000 in fines for each offense, or restitution.
  • Class 3 Felony results when the value of property is over $300. There is a potential for two and a half to five years prison, supervision for one year following release, and potential fines up to $25,000.

Contact Us Today for Help

If you have been charged with credit card fraud, you need an experienced criminal defense attorney. Skilled Rolling Meadows white collar crime attorney Christopher M. Cosley is here to help you. Attorney Cosley combines a passion for aggressively defending someone with the skills, knowledge, and resources needed to provide the best defense possible. Contact us today to get your defense started.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=56800000&SeqEnd=58900000

https://www.fbi.gov/investigate/white-collar-crime

Could Prescription Drugs Result in Drug Charges?

August 27th, 2018 at 7:00 am

criminal drug charges, prescription drugs, Rolling Meadows criminal defense attorney, prescription drug charges, prescription drug useStudies show that an estimated 54 million people have used prescription drugs for non-medical reasons. Additionally, 2.1 million people in the United States have used prescription drugs for non-medical reasons just within the last year. Because of this high abuse and potential for dependency, the state of Illinois is strict when it comes to drug laws and charges.

When most think of drug charges, they might think of illegal drugs, including cocaine, heroin, etc. While those drugs also can result in criminal charges, they are not the only type. Prescription drugs can result in criminal drug charges, as well.

Prescription Drugs and Drug Charges

There are more arrests occurring in Illinois for the use of prescription drugs without a valid prescription than there have been in the past. This is due in part to the addictive nature of some prescription drugs.

Prescription drug abusers often start off as legitimate prescription holders. They are injured, or otherwise prescribed pain medication or other narcotics. Through continuous use of the prescription, they become addicted and are unable to stop using, even when their prescription is no longer valid. As such, an individual might turn to illegal means to obtain the drug.

A person can be arrested and face drug charges for the possession of even one pill without a prescription. Common types of prescription drugs that are abused include Xanax, Ketamine, OxyContin, and Vicodin. The severity of the drug charge depends on the type of drug and the amount in possession.

Illinois classifies drugs into schedules. Prescription drugs fall into the range of Schedule II, Schedule III, and Schedule IV drugs. Schedule IV drugs are considered the lesser in severity of the charges.

The following are examples of prescription drugs in each schedule:

  • Schedule II: morphine, opium, amphetamines. These drugs are considered the most serious prescription drugs. While they have medical benefits and uses, they are highly addictive.
  • Schedule III: ketamine, anabolic steroids, codeine, and hydrocodone combinations.
  • Schedule IV: methadone, PCP, Ritalin.

Reach Out to Us Today for Help

A drug charge can be either a felony or a misdemeanor in Illinois. The amount of prescription drug at issue, and the type of prescription drug, all play a role in determining what charge will be brought. Both felonies and misdemeanors can bring about devastating results. As such, you need a dedicated defense attorney on your side.

Experienced Rolling Meadows criminal defense attorney Christopher M. Cosley is here for you. Attorney Cosley does not want your life derailed because of one prescription drug charge and he will work diligently to provide you the best defense given the circumstances of the case. Contact us today for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

https://www.drugabuse.gov/publications/research-reports/misuse-prescription-drugs/what-scope-prescription-drug-misuse

Can I Handle a DUI Case on My Own?

August 24th, 2018 at 5:06 pm

DUI case, DUI charge, Rolling Meadows criminal defense attorney, DUI conviction, aggravated offensesThe decision to hire an attorney may be difficult, but there are many instances where not hiring an attorney can be detrimental to your case. One type of charge that should be handled by an experienced attorney is driving under the influence (DUI). A DUI conviction can have both costly and devastating effects on your life.

In Illinois, a DUI charge results when an individual is found driving under the influence of alcohol, drugs, or other impairing or intoxicating compounds. A person who is found driving or in physical control of a vehicle while he or she has a blood alcohol concentration of .08 or more will be charged with a DUI.

Consider the following reasons why you should consider hire a experienced DUI attorney to provide an aggressive defense to the court. 

Provide an Aggressive Defense

Some individuals may believe that if they have been charged with a DUI, they will therefore be convicted due to the evidence from a breathalyzer test or blood test. This does not have to be the result. There are several defenses that can be applied to each case.

An DUI attorney will have the experience and capability of giving you appropriate representation given the circumstances. Courtroom knowledge and practical experience can result in good news for your DUI charge, but this can only occur if an attorney is hired to defend the case.

Multiple Offenses Result in Harsher Sentences

Much like any crime, penalties are harsher when offenses are more frequent. A second, third, or subsequent DUI offense in Illinois can bring about serious consequences. For some, the cost of an attorney is what keeps them from hiring an attorney. However, in a second or subsequent DUI case it is absolutely essential to hire an attorney. The penalties for a second offense increase significantly. An attorney can assist you in getting the best possible result for these charges.

Aggravated Offenses are Complex

A DUI charge is considered aggravated if others were injured or killed in an accident, or even if the charge is a repeat offense. Much like multiple offenses, aggravated offenses also carry harsher penalties.

We Can Help You Today

Whether you are a repeat offender or a first time offender, taking the time to speak to an experienced attorney could mean the difference between a harsh sentence or no sentence at all. Even if you are on the fence about hiring an attorney, there is no harm in scheduling a consultation to see how an attorney can help you in your legal battle. Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is here to help you. Attorney Cosley knows that hiring an attorney is a big choice and wants to make that choice easy for you. Contact us today to set up a consultation.

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Man Charged After Being Found With 75 Pounds of Marijuana

August 20th, 2018 at 3:31 pm

marijuana, criminal drug charges, drug charges, drug crimes, felony drug charges, Rolling Meadows criminal defense attorneyA man in Cook County is facing felony drug charges after being found with more than 75 pounds of marijuana, according to NBC Chicago. The Chicago Police department was responding to reports that there was a burglary in progress.

While investigating the premises of the alleged burglary, the police found a basement door that bore signs of forced entry. The officers proceeded inside the door and found 34,000 grams of marijuana. More than 120 grams of cannabis oil was also discovered.

The man who was renting the building where the marijuana and cannabis oil was found is now facing two felony charges. He has been charged with two felony counts of manufacturing or delivering over 5,000 grams of marijuana, or cannabis. In addition to these two felony charges, he also faces a misdemeanor charge as a result of being found to be allegedly violating the concealed carry act.

Felony Drug Charges in Illinois

The words felony and misdemeanor are often thrown around, but not everyone always knows the difference between these two types of charges. A felony charge is a more serious charge that carries harsher and stricter penalties. The classification of a drug charge in Illinois is based on the amount of drugs in possession and the specific intent of the person in possession of the drugs.

There are several different types of drug charges that an individual can be charged with, both felony and misdemeanor. The different types of drug charges in Illinois include:

  • Drug possession;
  • Possession of drugs with the intent to distribute;
  • Drug manufacturing;
  • Drug trafficking; and
  • Drug conspiracy.

The above list of drug crimes encompasses most, if not all, of the various types of crimes an individual might find themselves facing. These crimes, depending on the amount of drugs in a person’s possession or the circumstances surrounding the offense can lead to harsh punishments. Typically, there are fines, court costs, jail time, prison time, probation, or parole assigned to those who have been convicted of a drug crime.

Contact Us Today for Help

The charge and potential conviction of a crime can have a major impact on your life. You could lose your job, home, be unable to rent an apartment, or even be unable to find another job all because of a criminal conviction. Do not let one charge derail your entire life.

Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is ready to defend you in criminal drug charges. Attorney Cosley knows that a conviction can drastically alter one’s life and will work diligently to get the best outcome under the circumstances. Contact us today for a consultation.

Source:

https://www.nbcchicago.com/news/local/man-charged-after-cops-find-over-75-pounds-of-pot-488882181.html

What You Should Know About Underage Drinking in Illinois

August 17th, 2018 at 11:02 am

Rolling Meadows criminal defense attorney, underage drinking, underage drinking charges, felony charges, Class A misdemeanorIllinois is not the only state that has strict laws regarding underage drinking. In Illinois, it is illegal for a person under the age of 21 to drink or possess alcohol. Even so, there are many individuals under the age of 21 that decide to drink alcoholic beverages.

Being charged with underage drinking can be detrimental to a minor’s future. Consider the following information that you should know about underage drinking in Illinois.

An Underage Drinking Charge is Considered a Class a Misdemeanor in Illinois

For anyone under the age of 21, it is illegal to possess or consume alcohol. Being found to have any amount of alcohol in your system as a minor can result in a Class A misdemeanor charge. It is also illegal for minors to transport open alcohol containers in their vehicles. This carries the potential of up to one year in jail and a maximum fine of $2,500.

Fake IDs Can Result in a Felony Charge

Often, what goes hand in hand with underage drinking is the underage individual using fake identification that states they are 21 or older. However, using a fake ID and being caught with it can bring about a felony charge. One can be convicted of a Class 4 felony.

The penalty for a Class 4 felony can be one to three years in jail and fines up to $25,000. The felony charge applies to “fraudulent” driver’s licenses. Fraudulent means that the ID was made by someone other than the federal government. Possessing an ID that contains incorrect information can result in a misdemeanor charge.

There is Zero Tolerance for Underage Drinking and Driving

Illinois has developed a strict zero tolerance policy for individuals under the age of 21 who have consumed alcohol and drove. If an underage individual is found to have any trace of alcohol in his or her system while driving, then he or she will be charged with a DUI. Furthermore, the driver will lose his or her driving privileges. Additionally, the first offense carries a three-month suspension of his or her driving privileges.

A second conviction for an underage DUI is a one-year suspension of driving privileges. Additional charges and convictions will result in harsher penalties. A blood alcohol concentration of .08 or more can result in a DUI charge and result in stricter penalties and longer suspension of driving privileges.

Contact Us Today for Help

Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley knows that an underage drinking conviction can be devastating to a young person’s life. Do not let one charge result in a lifetime of consequences. Attorney Cosley is committed to your defense. Years of experience has resulted in an aggressive approach to defending cases. Contact us today to get your defense started.

Source:

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

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