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Archive for the ‘DUI conviction’ tag

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

Lyft Driver Charged in Fatal Crash with Intoxicated Driver

July 2nd, 2018 at 5:03 pm

DUI charges, DUI conviction, fatal car crash, Lyft car accident, Rolling Meadows criminal defense attorneyBoth a driver for the rideshare company Lyft and another motorist are facing charges for driving under the influence (DUI) after a fatal crash last month.

One man was driving and crossed over the center line, according to WGN9 Chicago. He collided with the Lyft driver head-on. The passenger in the Lyft was not injured and is in good condition. Unfortunately, the female passenger in the first driver’s vehicle was killed as a result of the crash. She was taken to the hospital where she later died from her injuries.

The motorist was charged with a felony aggravated DUI that resulted in the accident and death and is also facing a misdemeanor driving under the influence of drugs charge. The Lyft driver is facing charges of driving under the influence of drugs. Again, this is a misdemeanor charge.

Illinois takes DUI charges very seriously because they can have a devastating impact on more than just the driver of a vehicle. As such, it is imperative that you understand Illinois DUI law in case you are facing a DUI charge.

What is a DUI?

According to Illinois law, a person can be charged with a DUI when driving while under the influence of alcohol, drugs, intoxicating compounds, or a combination of substances. If a driver’s blood alcohol concentration is greater than .08, then he or she will be charged with a DUI. In order to be charged with a DUI in Illinois, the driver must be in “actual physical control” of the vehicle.

DUIs in Illinois are handled on a sliding scale. The more DUI convictions on a person’s record, the harsher the punishment he or she will receive. Even a first-time DUI offender will be punished — the state wants to deter drivers from operating a vehicle under the influence of alcohol and drugs and being a public safety hazard.

The following includes a classification of DUI penalties:

  • Class A Misdemeanor: The first DUI offense results in a short jail sentence, license suspension, and fines;
  • Class 2 Felony: This may lead to fines, probation, prison time, and even suspension of driving privileges;
  • Class 1 Felony: This may lead to a lifetime suspension of driving privileges and vehicle registration, along with other penalties; and
  • Class X Felony: A Class X felony results following the sixth or greater. This can result in up to 30 years in prison.

Contact an Attorney for Help

A DUI conviction can drastically alter your life. You want to have an attorney who is on your side and ready to fight for you. The skilled Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley is awaiting your call to work diligently to get you the best possible outcome.

Sources:

http://wgntv.com/2018/06/10/lyft-passenger-killed-in-logan-square-crash-driver-charged-police-say/

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

Can I Get a DUI on a Bike in Illinois?

April 17th, 2018 at 8:59 am

DUI on a bike, Rolling Meadows DUI attorney, DUI conviction, aggravated DUI, DUI penaltiesAfter drinking too much, the worst decision is to get into a vehicle and drive. Taking a cab, ride share, or otherwise getting a ride home is the best option. However, some people may want to ride their bike home after having a bit too much to drink. This option is safer than driving a car; however, there are safety risks to riding a bike under the influence. Additionally, while there are certainly dangers to riding a bike under the influence of alcohol, and other states give DUIs to bike riders, you will not receive a DUI charge.

Illinois DUI Laws

Illinois DUI statute states that “a person shall not drive or be in actual physical control of any vehicle” while having a blood alcohol concentration of 0.08% or more. The definition of vehicle under Illinois law is a device that transports a person or property, “except devices moved by human power.” By definition, a bike is not categorized as a vehicle. A bike is “moved by human power.”

In order to receive a DUI on a bike, the bicycle must be motorized and capable of traveling greater than 20 miles an hour. That being said, while you cannot get a DUI while riding a bike, riders are still subject to the same laws as motor vehicle drivers in Illinois.

Even if you cannot receive a DUI while riding a bike, you can definitely still receive a DUI while operating your car. Driving under the influence is dangerous, but it does happen. Moreover, you need to be aware of what can happen if you are charged with a DUI.

If you are convicted of a DUI, you can face hefty penalties. The more DUIs you have on your record, the more severe the consequences get. In Illinois, one DUI can lead to a license suspension for three months, or even more. A second DUI conviction carries the possibility of a one-year suspension of your license. Receiving a third DUI can lead to the suspension of your license for up to 10 years. The penalties rise from there. Both misdemeanor and felony convictions are possible, as well as a charge of an aggravated DUI.

Let Us Help You with Your Case

If you have been charged with a DUI, you need a dedicated and experienced Rolling Meadows DUI attorney who can fight for you. At the Law Offices of Christopher M. Cosley, we are uniquely qualified to handle your DUI defense. Do not hesitate to contact us today for help.

Sources:

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

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K1-217

Boating Under the Influence in Illinois

December 14th, 2017 at 9:46 am

Boating under the influence, DUI conviction, Rolling Meadows criminal defense attorney, BUI offender, BUI convictionDid you know that in Illinois it is illegal to operate a boat while under the influence of drugs or alcohol? Many people do not realize that, from a legal point of view, operating a boat is comparable to driving a car and that those caught operating a watercraft while under the influence can be charged with boating under the influence (BUI), which carries similar penalties to a driving under the influence (DUI) conviction.

625 ILCS 45/5-16: Operating a Watercraft Under the Influence

Section 625 ILCS 45/5-16 of the Illinois Compiled Statutes (aka Illinois’ boating under the influence statute) states that it is illegal to be in actual physical control of a watercraft in Illinois while you:

  • Have a blood or breath alcohol concentration of 0.08 percent or greater,
  • Are under the influence of alcohol, or
  • Are under the influence of a drug, drugs, or an intoxicating compound to the extent that you can not safely operate a watercraft.

Penalties

The penalties available for those convicted of boating while under the influence in Illinois vary significantly depending on whether or not this is the offender’s first DUI conviction, and are as follows:

  • First BUI: Punishable by imprisonment for up to one year in jail and a fine of up to $2,600.
  • Second or Subsequent BUI: Punishable by imprisonment for up to three years in prison and a fine of up to $25,000.

Furthermore, a BUI offender’s sentence can be enhanced under Illinois law if there were one or more aggravating factors present. For example, if the offender was involved in an accident that caused another to suffer great bodily harm, or if the offender was boating under the influence while their right to operate a watercraft was suspended due to a previous BUI conviction, the offender can be sentenced to serve up to three years in prison and pay a fine of up to $25,000. Additionally, if the offender was involved in an accident that cost someone their life life, then he or she can be sentenced to serve up to 14 years in prison and pay a fine of up to $25,000.

In some cases a convicted BUI offender in Illinois will also have their boating privileges suspended, be required to complete a specified number of community service hours, and/or be ordered to participate in a drug and alcohol evaluation/treatment program.

Need Legal Advice? Contact Attorney Christopher Cosley

Whether you have been charged with driving under the influence or boating under the influence in Illinois, experienced Rolling Meadows criminal defense attorney Christopher Cosley is here to help. Mr. Cosley was formerly the lead prosecutor in the DUI division of the Illinois state courts and now uses his extensive experience to defend clients across Illinois against alcohol and drug related criminal charges. Contact the office today for help.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500450K5-16

Understanding the Ramifications of Refusing a Breathalyzer Test in Illinois

October 23rd, 2017 at 6:21 am

breathalyzer test, DUI charge, DUI conviction, DUI defense, Rolling Meadows DUI attorneyIf you or a family member is pulled over, should you consent to taking a breathalyzer test? This is a common question and, in truth, the answer is—it depends. This is because each case is different and your circumstances may have presented a scenario where refusing a Breathalyzer test was appropriate, or vice versa.

Under Illinois Law, when you obtain a driver’s license you are impliedly consenting to take a Breathalyzer test if you are requested by a police officer to do so. This implied consent is codified in state statute 625 ILCS 40/5-7.1.

Even with the existence of an implied consent law, you have the right to refuse a Breathalyzer test, but the ramifications can be quite severe. For example, if you are convicted of a DUI and you refused to take a breathalyzer test, then your driver’s license will be suspended for at least one year.

Warning Required

When a police officer asks you to take a breathalyzer test, they are legally obligated to inform you that refusing to take the test may result in the aforementioned suspension of your driver’s license.

The suspension of your driver’s license can go beyond one year, depending whether you have a criminal record and/or a prior DUI conviction.

Why Some People Opt to Decline the Breathalyzer Test

There is a belief that if you refuse a breathalyzer test, it will improve your chances of prevailing against the government’s DUI charge. This is not a sound legal strategy. Yes, the lack of an official breathalyzer result may make it more challenging for the prosecution to obtain a conviction, but it does not guarantee your victory in court. This is because the government can prove a DUI through a variety of methods, even without a breathalyzer result.

For example, the police officer who pulled you over could testify in court concerning your driving behavior and physical appearance when you were pulled over. If you underwent a field sobriety test, the results of that test are generally admissible as evidence. Also, there may be video footage from the police officer’s squad car which could potentially reveal that you were intoxicated. Some, or all, of these tests and other evidence could be considered sufficient by a jury to find you guilty of driving under the influence of drugs or alcohol.

Speak to a Rolling Meadows DUI Defense Attorney Today

Whether you agreed to take a breathalyzer test or not, you have the right to quality legal representation. That is why it makes sense to contact a passionate Rolling Meadows DUI attorney at the Law Offices of Christopher M. Cosley. We are eager to assist you immediately.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500400K5-7.1

If I’m Convicted of a DUI in Illinois Will I Lose My License?

July 28th, 2017 at 7:35 am

DUI conviction, DUI in Illinois, DUI offenses, lose my license, Rolling Meadows DUI defense lawyersIf you are convicted of driving under the influence (DUI) in Illinois your driver’s license may be suspended, revoked, or placed under supervision. However, the fact that you have been convicted of a DUI does not necessarily mean that that your driving privileges will be curtailed. It all depends on the circumstances surrounding your DUI.

Before we examine some situations under which driving privileges are often limited in connection with DUIs, let us briefly discuss the difference between a revoked license, a suspended license, and a supervised license in Illinois.

While there are a variety of technical differences between a revoked and a suspended license, the key difference is that a suspension has an end date while a revocation is permanent. A suspended license can be reinstated after a certain amount of time has passed and a hearing officer from the Secretary of State has confirmed that all stipulated requirements have been satisfied. However, a revoked driver’s license can not be reinstated (although the driver can usually apply for a new license after some time has passed). Furthermore, a license suspension is often temporary and will be lifted as soon as the driver successfully jumps through specified hoops (for example, paying fines, maintaining a clean driving record, completing alcohol classes etc.).

Under Illinois law, a first-time driving under the influence offender is generally eligible to have his or her license placed under supervision for a specified period of time. However, the court also has the option of suspending the violator’s license (generally for at least one year) instead of placing the license under supervision. Further, the Illinois Secretary of State can revoke the driver’s license if they are convicted for violating section 6-205 of the Illinois Compiled Statutes, i.e. driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination thereof, according to the following timetable:

  • First DUI Conviction: Revocation for up to one year.
  • Two DUI Convictions Within 20 Years: Revocation for up to five years.
  • Three DUI Convictions: Revocation for up to 10 years.
  • Four DUI Convictions: Revocation for life.

Additionally, it should be noted that your driving privileges can be impacted in Illinois even if you have not actually been convicted of driving under the influence. Under some circumstances, simply being under suspicion of having committed a DUI is sufficient to have your license suspended. For example, your driver’s license will be immediately suspended if you are pulled over by a police officer who determines that your blood alcohol concentration (BAC) is 0.08 percent or greater and you refuse testing.

Let Us Help You Today

At The Law Offices of Christopher M. Cosley, our dedicated Rolling Meadows DUI defense lawyers are committed to providing exceptional representation to each and every one of our clients. Whether you have been charged with driving under the influence and are in need of an experienced criminal defense lawyer to represent you in court or are seeking legal counsel to help you regain your driving privileges, we would be happy to assist you.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-205

DUI and Driverless Cars

May 17th, 2017 at 7:27 am

driverless cars, Rolling Meadows DUI Defense AttorneyWith technology becoming more of an integral part in our vehicles, the prospect of having our roadways dominated by self-driving cars is inching closer to reality. It is not hard to identify the perks of driverless cars. Fewer accidents and less road rage incidents are what some autonomous car designers are pointing to with their investors.

One major issue developers are hoping for is that driverless cars will help solve, if not eradicate, the issue of drunk driving. In theory, one would be able get into his or her self-driving car, push some buttons, and have his or her car deliver the individual safely to his or her destination.

Yet one of the looming questions about whether a person in a driverless car is operating the vehicle for the purposes of a DUI law is the question of who is actually in control.

Autopilot or No Pilot?

One of the first instances of a fatal car accident involving a driverless car was the case where a man was killed inside of an autonomous Tesla. The individual had the car on autopilot when the accident happened. Tesla pointed to the fact that even though the car was in autopilot mode, the driver was still required to have his or her hands on the steering wheel and was responsible for the trajectory of the car.

The legal question then becomes, when a car is on autopilot who is controlling the car? Is the liability and or responsibility that of the manufacturer of the software or the driver who gave the car the directions of where to go?

DUI Law and Physical Control

DUI laws across the nation generally have one factor in common: laws require a person to be in actual physical control of a vehicle for him or her to be guilty of a DUI. This can present a legal paradox. Currently, if a police officer sees a car swerving erratically, there is little question with regard to who is in control of the car. Yet how will the same play out when a driver insists a car was driving itself?

Although autonomous vehicles are still a relatively new design, with little legal precedent set as of yet, it is not likely that the “car was doing the driving,” excuse is going to get you out of hot water.

Rolling Meadows DUI Defense

If you or a loved one has been charged with a DUI, please understand the seriousness of the charge. A DUI conviction can land you in jail, get your license suspended, or prevent you from getting certain professional licenses. Contact your Rolling Meadows DUI defense attorney at the Law Offices of Christopher M. Cosley to schedule your consultation. Call 847-394-3200 today.

Sources:

https://www.nytimes.com/2016/07/02/business/joshua-brown-technology-enthusiast-tested-the-limits-of-his-tesla.html

https://www.isp.state.il.us/traffic/drnkdriving.cfm

Getting a DUI Can Lead to Mandatory Drug or Alcohol Treatment Program

March 29th, 2017 at 8:00 am

alcohol treatment program, Rolling Meadows DUI lawyerEveryone with a driver’s license should be aware that it is illegal to drive under the influence of drugs or alcohol in Illinois. Yet there are many individuals who choose to operate a motor vehicle while intoxicated.

Someone who is charged with a DUI in Illinois faces jail time, a serious fine, and a permanent criminal record if convicted. However, people  are often unaware that the court can impose additional punishments on a person convicted of a DUI. In particular, the court is likely to require someone who is convicted of a DUI to complete a mandatory drug and alcohol rehabilitation program. Completion of a drug and alcohol rehabilitation program is also often a stipulation for getting your driving privileges reinstated in Illinois or as a condition of your probation.

Court-Ordered Drug or Alcohol Rehabilitation Programming

For an individual that the court views as having a drug or alcohol dependency problem, the court will order that the convicted individual complete a mandatory drug and alcohol rehabilitation program. Oftentimes, the drug and alcohol rehabilitation program is in lieu of jail time, but there are many instances where the judge sentences a defendant to both jail time and the mandatory rehabilitation program.

The program must be completed with a licensed treatment center and the cost of the program must be borne by the criminal defendant. There are several qualifying treatment centers from which to choose. Therefore, if you would be more comfortable attending a treatment program that is, for example, strictly for women, works exclusively with adolescents, or that has a religious affiliation, then this may be possible.

In less serious DUI cases, the court may require only that the convicted criminal defendant participate in a drug and alcohol remedial education program, instead of a treatment program. The purpose of these programs is to educate and help those individuals who have committed criminal acts, such as driving under the influence, as a result of their drug or alcohol use.

Fight the DUI Charges

Fighting your DUI charges is your best shot at avoiding a conviction for driving under the influence. If your DUI charges are dismissed, then you will not have to face jail time, fines, or be required to participate in a drug and alcohol education or rehabilitation program. For many people, a DUI is often the result of exercising temporary poor judgement. Someone who does not have a substance or alcohol abuse may not need a drug and alcohol educational program or rehabilitation program.

Contact Us for Help Today

There are exceptions to the search and seizure protections offered by the U.S. Constitution. If you are facing DUI charges, please contact a skilled Rolling Meadows DUI lawyer for assistance with your case.

Source:

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

First Time DUI Offender in Illinois? Here’s What You Can Expect to Happen

March 6th, 2017 at 9:51 am

first time DUI offender, Rolling Meadows DUI lawyerBeing arrested for driving under the influence (DUI) can be scary, especially if you are a first time offender. You are likely unfamiliar with the DUI arrest and charging process, have little idea what happens next, and could use assistance to get through the process. Do not worry: an experienced criminal defense lawyer is able to help you throughout each step of your case.

What Can You Expect Happens Next?

Driver’s License Suspension. Once you have been booked and have had a chance to find a criminal defense lawyer, your driver’s license will be revoked. Driver’s license revocation is an automatic consequence of a DUI charge. If you quickly find a lawyer after being arrested for DUI, your lawyer can get to work preparing a petition for a hearing to rescind your driver’s license suspension.

First time DUI offenders also are able to apply for a monitoring device driving permit, which involves the installation of a breath alcohol ignition interlock device at the offender’s own expense that enables them to drive.

Arraignment Hearing. Shortly after the arrest, you will also have a hearing where the charges against you will be made clear. At this court appearance, your lawyer officially declares that he or she is your legal representative.

Strategy. You will talk with your lawyer and figure out what is the best criminal defense strategy for you. In some cases, it makes the most sense to work out a plea bargain with the prosecution. Other times, it makes the most sense to fight the charges that are pending against you. You may have a valid defense and believe that taking your case to court is the best option. Your lawyer will fight for you regardless of which path you choose.

Pre-trial Motions. If you decide to go on with a criminal trial, your lawyer will then work together with the prosecution to exchange evidence and other relevant materials so that your lawyer can prepare pre-trial motions. Pre-trial motions are motions to the court in advance of an actual criminal trial that attack certain deficiencies in the case. The point of pretrial motions is to either get the case dismissed or to prepare the case better for trial.

Criminal Trial. Next, you will have your criminal trial. This will be the formal trial where the elements of the alleged crime will be demonstrated (or not) by the prosecution, and your defense to your charges will be presented by your lawyer. You trial might be a jury trial or simple a trial before a judge. After the trial has concluded, a verdict will be rendered concerning your guilt or innocence.

Sentencing Hearing. If you are found guilty, there will be a sentencing hearing where the consequences of your DUI conviction will be handed down to you. At this hearing, your lawyer will work hard to present mitigating factors and other reasons why the judge should be lenient in your sentencing.

First Time DUI Offenders Should Call The Law Offices of Christopher M. Cosley

First time DUI offenders need the help of an experienced criminal defense lawyer to help them fight their charges. Please do not hesitate to contact a Rolling Meadows DUI lawyer immediately for assistance with your case.

Source:

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

The Unintended Consequences of a DUI Conviction in Illinois

December 1st, 2016 at 1:02 pm

DUI conviction, Rolling Meadows DUI defense lawyerEven the most sensible people can sometimes exercise poor judgement, or think that they are sober enough to drive after a few drinks. Drunk, intoxicated, or even buzzed drivers are often pulled over by law enforcement and arrested on DUI charges. Oftentimes, these individuals have no idea what to do because they are first time DUI offenders. A DUI conviction can have a profound impact on your life beyond the obvious criminal consequences, such as jail time and fines. Many first time DUI offenders are stunned by the additional consequences of a DUI.

DUI Facts: The Profile of the Average DUI Offender

According to the Office of the Illinois Secretary of State, the average DUI offender in Illinois is a male around the age of 34 years old, who is intoxicated behind the wheel between the hours of 11:00 p.m. and 4:00 a.m. This typical DUI offender generally has a blood alcohol concentration (BAC) of twice the legal limit (legal limit being 0.08 BAC in Illinois for drivers over the age of 21). Ninety percent of the drivers who were arrested in 2014 for DUI lost their driving privileges as a result, and 86 percent of those drivers who were arrested were first time offenders.

Additional Consequences of A DUI

In addition to the misdemeanor or felony penalties associated with a DUI conviction, there are a number of additional consequences that many people do not realize also result from a DUI conviction. For instance:

  • In order to get your driver’s license reinstated, you will have to successfully attend and complete a drug and alcohol remedial education course, or a substance abuse course;
  • You will have a permanent DUI conviction on your driving record;
  • You may miss time from work or school because you have to deal with your DUI hearing;
  • You may be able to get a restricted driving permit, but you will have to meet certain requirements for an administrative hearing before you can get the permit;
  • Your vehicle registration will be suspended;
  • Your vehicle will likely be impounded, and you must pay to get your vehicle out of impoundment;
  • You will be required to get high-risk auto insurance for three years following your DUI conviction; and
  • If you were subject to a blood test to determine your blood alcohol concentration level, you may be held liable for the cost of that blood test if you are subsequently convicted of a DUI.

First Time DUI Offender? Contact Our Offices Today

The courts do not take DUI offenses lightly and may be particularly harsh on first time DUI offenders. If you have been charged with a DUI, you will need help navigating your criminal charges and understanding the DUI court procedures for getting a restricted driving permit, a judicial hearing, and fighting your DUI charges. Please contact a passionate Rolling Meadows DUI defense attorney immediately to discuss your case.

Source:

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

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