New Florida Texting & Driving Law Effective July 1 2019
Florida has finally fallen in line with the overwhelming majority of other states. Florida made texting while driving a primary traffic offense. The law goes into effect on July 1, 2019.
Governor Ron DeSantis signed the bill on May 17, 2019. Making texting while driving a primary offense means that police can soon make a traffic stop on the reasonable belief that a driver was messaging or emailing on a mobile device. The new law also prohibits the use of a handheld cell phone when operating any motor vehicle at any school crossing, school zone, or construction zone.
How You Can Receive a Violation
Currently, police can only cite drivers for texting while driving if they’re stopped for a different violation. That makes it a mere secondary violation and nearly impossible to enforce.
Texting while driving requires the diversion of a driver’s physical, mental and visual capacities from the roadway. We use the same three senses to drive. When signing the new law at a Sarasota high school, the governor said that “Studies have shown that texting while driving is one of the worst of all driving distractions, and a recent study ranked Florida as the second-worst state for distracted driving.” He went on to say that “It’s my hope that by taking action to address distracted drivers today, we will be able to make our roads safer and hopefully prevent some of these crashes that we’ve seen, injuries, and unfortunately, some of the deaths that we’ve seen.”
Governor DeSantis remarked that in 2016, Florida had nearly 50,000 distracted driving accidents that caused 233 deaths. Manatee County Sheriff Rick Wells said that “Making texting while driving a primary offense will allow law enforcement to enforce the law and to save a lot of lives.”
The New Law for Texting While Driving
Under the new law, texting at a stoplight or when a vehicle isn’t in motion is not an offense. The statute exempts emergency personnel. Similarly, the law exempts people who are reporting emergencies or crimes to law enforcement, receiving messages from navigation, safety, and weather alerts.
A first violation of the new texting while driving law won’t be a moving violation. It’s punishable by a fine of $30 plus court costs and fees upon a conviction for a first violation. Your second violation within five years of the first violation becomes a moving violation and the fine doubles. In either case, you will receive three points on your driver’s license.
School and Work Zones
The prohibition on texting while driving in school and work zones will be enforced beginning October 1, 2019. Law enforcement will issue warning tickets until January 1, 2020. Only South Dakota, Nebraska, and Ohio remain states where texting while driving is still a secondary offense. Yet, Missouri prohibits texting while driving by anybody under 21 years of age. Although, texting while driving remains perfectly legal in Montana.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Odometer Fraud Charge – Tampa FL
Both the federal government and the State of Florida have put laws in place that work to protect consumers from odometer fraud. Florida Statutes 319.35 makes it a third-degree felony to “knowingly tamper with, adjust, alter, set back, disconnect or fail to connect” an odometer of a motor vehicle so as to show a lower number of miles than the motor vehicle has actually been driven. A conviction for odometer fraud carries up to five years in prison and a fine of up to $5,000. Here’s how odometer fraud hurts people as used car buyers:
- Payment of increased sales tax as a result of the inflated price.
- Higher insurance premiums as a result of lower mileage.
- More frequent maintenance and repair costs.
- Reduced vehicle safety for the driver and passengers.
The Prosecution Has the Burden of Proving You Guilty
Tampa is one of the hotbeds of Florida odometer fraud. Our experienced and effective Tampa criminal defense team knows the issues that prosecutors face when they try to prove tampering with a vehicle’s odometer. Remember that you’re presumed innocent. The prosecution has the burden of proving you guilty beyond a reasonable doubt. Over the years, we’ve been able to raise countless reasonable doubts on behalf of our clients.
Don’t Give a Statement or Confession
Even innocent victims of odometer fraud can have allegations of odometer fraud raised against them when they go to sell that same vehicle a year or two later. Both buyers and sellers must be very careful. If you’re arrested for odometer fraud, the worst thing that you could do would be to give the police any type of a statement or confession. The prosecution will use it to try and prove you guilty.
Protect your rights by invoking them. You have the right to remain silent, so exercise it by not giving the police any information that they’re seeking other than your identity, birth date, and address. You also have the right to an attorney. Exercise that right immediately by calling us after any arrest for odometer tampering in or around Tampa. We know what we’re doing, and we can take it from there.
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Unlawful Tag Tickets in Tampa FL
Being pulled over by police for an unlawful tag is often a pretext for a brief investigation of a driver to evaluate whether he or she might be under the influence of alcohol, drugs or both. Even if a driver hasn’t been consuming alcohol, or he or she hasn’t committed any moving violations since a police officer began observing their vehicle, any traffic stop is something more than a mere annoyance.
Swapping Tags or Stickers
In cases involving unlawful tags, there be a violation of the letter of the law. Then, there’s the gray area involving the spirit of the law and the subjective observations of the police officer who made the traffic stop. Florida Statutes 320.261 makes it a criminal offense when “Any person knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle, is guilty of a misdemeanor of the second degree…” A second-degree misdemeanor in Florida is punishable by up to 60 days in jail and a fine not to exceed $500.
Unlawful Tag Conviction Issue
Although it’s unlikely a maximum penalty would be imposed, an unlawful tag conviction would result in a permanent criminal record. That record can interfere with job, educational and housing opportunities. Defenses to section 320.261 exist. So, contact us if you’re charged with an unlawful tag violation of the statute, especially if you expect to have a security check coming up.
Unknowing Violations and Getting Framed
Just about everybody has border frames around their license plates. These might advertise the dealership that you bought your car at or show logos of sports teams or messages. Some of them even have clear or lightly tinted covers that go over license plates. Florida Statute 316.605(1) states not to place anything upon your plate that interferes with it being clear and legible. That includes your sticker too. What might be clear and legible to one police officer might not be to the next officer. That’s when we get into the spirit of the law and the subjectivity of a police officer. A judge may or may not agree with an officer.
Arrested for swapping plates or stickers on a vehicle? Contact RHINO Lawyers. Our criminal defense team can do a lot better than 60 days, $500 and a criminal conviction. On a plate frame charge, you stand a good chance of a judge tossing it when we’re representing you.
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DUI, Hit & Run Driver Injure Cyclist and Pedestrian
In a tough weekend for cyclists and pedestrians, a couple of tragedies underscored the dangers of those who travel among the cars on the roads and highways in Tampa.
In one case, a 17-year-old girl’s lost her life after a drunk driver struck her as she was riding her bike in a bike lane on the Indian Rocks Causeway Bridge. The accident happened around 10:30 p.m. Friday, June 28, 2019, when a BMW veered into the bike lane and struck her. The driver is in jail awaiting trial on charges of DUI and manslaughter.
Paramedics rushed her to a local hospital, but unfortunately, she died from her injuries. Friends and classmates were shocked and upset at the news. The victim had signed up to become a Marine after graduating high school, and she played on the school’s football team.
In another case, a pedestrian hit by a car near the I-75 northbound rest stop in Hillsborough County on Saturday, June 29, 2019, around 12:15 p.m. According to witnesses, the deceased was on the side of the road on I-75 when a Volvo commercial vehicle struck him. The driver kept on going, and California Highway Patrol is asking anyone with information to call them at (813) 558-1800.
Pedestrians and Cyclists
There are laws that protect cyclists and pedestrians from being injured by cars, but even with these laws, accidents occur. Both groups are especially vulnerable to injury. They do not have protection when traveling on the roads and streets where motor vehicles run.
Even the slightest bump by a car that weighs at the least around 15 to 20 times the weight of the average person—even with a bicycle—can be deadly. A cyclist is almost always knocked to the ground. And, a pedestrian has nothing protecting him or her from the vehicle.
The Law and Negligence
When a driver breaks the law and injures a pedestrian or cyclist, what happens? Does this mean it’s automatically the driver’s fault? Can the injured person just sit back and wait to collect compensation?
The answer is no, a law violation doesn’t mean that the driver is automatically at fault. In fact, Florida state law says that a violation of a criminal law or traffic code is not to be used to automatically say a driver is at fault in a personal injury case.
This means that the injured person—or their family in a wrongful death case—must prove that the driver was at fault. More importantly, they must determine the driver to have acted negligently.
DUI
If the person was impaired, it sure seems that the driver is going to be at fault, and more times than not, this is the case. However, an impaired driver may not be the one that ran the light or drove into the side of the other car. The injured must still prove that the impaired driver was at fault.
Hit-and-Run
The same goes for a hit-and-run driver. They will face criminal charges when caught. In some cases of serious injury felony. However, at a civil trial, the court will look at which person was responsible for the accident.
Do I need an Attorney?
Injured as a pedestrian or a cyclist by a hit-and-run or drunk driver, then don’t make any assumptions. Speak to our personal injury team who can give you an unbiased evaluation of your case and inform you of your rights.
At RHINO Lawyers, we offer a free consultation to go over your case and help you to get the best possible outcome.
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Wrong Way Driver Kills Motorcyclist in Head-On Collision
A man driving the wrong way on a freeway hit a motorcycle rider head-on killing the rider. The tragic accident happened on I-75 in Pasco County around 3:30 p.m., Wednesday, June 19, 2019. According to Florida Highway Patrol, the 84-year-old driver of a 1994 Lincoln Town Car was getting on the onramp to I-75 northbound from I-275, and when he came to the end of the onramp, he inexplicably made a turn to the south and begin driving the wrong way on I-75.
Another car swerved out of the way and hit a pickup truck in a minor collision. The Lincoln swerved as well and ended up driving on the west shoulder of the freeway. A 45-year-old man riding a Harley Davidson motorcycle swerved to avoid the cars in front of him and also went to the west shoulder and met the Lincoln head-on.
Police are still investigating the accident and say that it’s too early to tell if any charges will be filed.
Wrong-Way Accidents
Each year, around 350 to 400 people die in wrong-way driving accidents across the country. Most of these end up in a head-on collision which is one of the deadliest types of crashes. These accidents happen primarily because someone enters the freeway or other divided highway on an exit ramp, or turns the wrong way when using the on-ramp.
According to the Highway Traffic Safety Administration, there are four primary scenarios that lead to a WWD incident: Impaired drivers, confused drivers, poor signage and weather.
In the crash above, police say the driver was confused.
What do I do if I’ve Been Injured in a Wrong-Way Driving Accident?
The best thing to do after you take care of your immediate medical needs is to talk to an attorney. Don’t talk to anyone from the insurance company or their lawyers until you have spoken to an attorney. At RHINO Lawyers, our personal injury team offer a free consultation where we can inform you of your rights under the law.
We have the experience to deal with the insurance companies and their tactics. Then we can deal with the insurance company and work hard to get you the compensation you deserve.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Lime Scooter Rider Collides with Tractor Trailer in Tampa
A 33-year-old man was seriously injured when he crashed with a tanker truck in Tampa Thursday evening, June 20, 2019. According to Tampa Police, the accident happened when the scooter rider was traveling northbound in the bike lane on N. 20th Street, and the scooter veered a bit off course and was struck by the tanker traveling in the same direction.
Local witnesses say the scooter was demolished, and at one point, the rider was lying on the ground. The rider was taken to a local hospital and is listed in critical condition.
The driver of the tanker stopped at the scene and was cooperating with authorities. The accident is still under investigation, and no charges have been filed at this time.
Update: We are deeply saddened to learn that this man has succumbed to his injuries: Tampa Bay Times.
Scooters and Tanker Accident
Obviously, a scooter is no match for a tanker truck, so, the idea is to keep them apart. To do this, Tampa has bike lanes that allow bikes, e-bikes, and scooters. Just a few days before this accident, scooters were restricted to sidewalks, but Governor DeSantis signed a bill on June 18, 2018, that allowed Florida cities to make their own rules regarding bikes and other similar vehicles that determine where they can travel.
This was a huge win for Lime and other companies, and many people will be glad to see at least some of the scooters off of the sidewalks and into the street. However, the downside is that with scooters being in the streets in the bike lanes, this puts them alongside the cars which, as this story shows, can be risky for the scooter rider.
Scooter Injuries
When a scooter crashes with just about anything, it can be serious for the rider. The speed limit for scooters in Tampa is 15 mph, but at that speed, a crash can produce a fair amount of damage and injury. You should also consider the vehicle involved in the collision. Just about any motor vehicle outweighs a scooter and rider by a factor of at least 20, and even a small bump can be deadly for the scooter rider.
Larger vehicles like tankers and tractor-trailers can weigh as much as 80,000 pounds. In addition, any contact with one is more likely due to the large blind spots on these larger trucks.
Once scooters hit the ride-sharing scene, local emergency rooms have seen a huge rise in the number of injured scooter riders. Some of the most common injuries are:
- Head Injuries
- Shattered elbows and knees
- Broken ribs
- Deep contusions
- Road Rash
- Face fractures
- Fractured wrists
What if I’ve Been Injured in a Scooter Accident?
The first thing to do is to attend to your immediate medical needs, but then you may want to consider speaking to an attorney about your circumstances. There are many questions about insurance and compensation that get raised when injuries occur on these scooters.
Whose insurance will pay? What if I’m at fault, can any of my medical bills be paid? Can the scooter company be made to pay?
Present all these questions—and many more—to an attorney familiar with these scooters, insurance, and personal injury. At RHINO Lawyers, our personal injury team offer a free consultation where we can evaluate your case and outline where your compensation might come from.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Accident Fatalities and Liability in Florida
Accident fatalities have dropped slightly in 2017 and 2018 and have steadily been dropping—with a few exceptions—for the last several decades. Unfortunately, they still occur. However, when accident fatalities happen sometimes questions raised about liability.
Insurance v. Estate Liability
Auto insurance is to cover the losses of the driver when he or she injures someone else. So, many people think that auto you use insurance to cover the damages for the injured. But, the insurance company is not contractually obligated to pay the injured driver. They’re obligated to pay any financial losses their driver incurs because they caused an accident.
Why is this important? Because when the at-fault person dies, the insurance company doesn’t owe the injured (as we discussed), but the estate of the deceased does owe the injured because of probate and inheritance laws. Thus, the obligation to pay for the losses incurred by the estate lies with the insurance company.
In many cases, the insurance company will work with the injured to settle, but if there is no satisfactory offer for the injured, then it becomes necessary to sue, and since the person at fault is deceased, his or her estate must be sued.
A Recent Crash
An 81-year-old-man died Saturday, June 22, 2019, when his car collided with two others. According to the Florida Highway Patrol, the man was driving a Toyota Corolla on Little Road toward Denton Avenue. He apparently ran a red light, struck a semi-truck which then struck a Ford F-150 that was in the intersection waiting to make a left turn.
Both drivers of the other cars plus one passenger were taken to a local hospital for serious injuries, but it’s not clear which vehicle the passenger was riding in. The FHP is still investigating the accident.
Although we don’t know who was at fault in the above-mentioned accident. When the at-fault person dies, it can be uncertain who now owes for the damages caused by the driver.
Do I Need an Attorney?
Most likely yes. It’s not as simple as making a typical insurance claim. While the law does not require an attorney if an estate owes money to an injured person. At the least, you should talk to an attorney for unbiased advice and case evaluation.
At RHINO Lawyers, our personal injury team offer a free consultation to go over your case and help you to get the most compensation you can for your injuries. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Liability when Passengers are Injured in Auto Accidents
In most accidents, there are two cars and one at-fault driver which makes liability simple to understand. Under Florida law, those injured by the negligence of someone else can recover damages from that person.
Florida law also requires that each person has auto insurance. Typically, the at-fault driver’s insurance will pay for the damages. However, sometimes things aren’t that simple. What happens if a car crashes due to the driver’s negligence injuring their passengers?
The law still applies, and when the passengers are traveling with the at-fault driver. Then that person’s auto insurance will cover injuries and even pay for a wrongful death.
Reluctance to Make Claim
But many times, people don’t feel comfortable making a claim against someone who is a friend or another family member. This is understandable, but the truth is, if the driver had insurance, it was just for that reason.
Statistics show that less than three percent of all personal injury claims go to trial. This means that around 97 percent are settled by the insurance company. Chances are you won’t be taking your friend to court.
At-Fault Driver’s Without Insurance
What if the driver doesn’t have insurance? Florida law requires that all motorists have at least $10,000 property damage and $10,000 bodily injury. However, if they don’t, they face a ticket, fines and will be on the hook for all the damages.
Florida also requires each motorist to have what’s called personal injury protection or PIP. Which will pay out damages without regard to fault, and because fault is not an issue. So, any passenger that has PIP can use that money to cover the damages from a car accident. In fact, even if the driver has insurance, with PIP, any injured person who has that coverage will use their own policy to cover damages up to $10,000.
Wrongful Death Liability and PIP
One problem is PIP only covers medical bills and property damage but not for a wrongful death or other losses like pain and suffering. Unfortunately, many motorists don’t have insurance except the mandatory PIP which means that if they hurt someone and that person dies, then their insurance won’t cover it.
This is why many Florida motorists have additional coverage like uninsured/underinsured (UM/UIM) which will pay for losses when there is no other insurance or that insurance isn’t enough. This means that if a passenger has UM/UIM on their policy, then that will pay for a wrongful death claim made by their family.
A Recent Crash
As a tragic example: the driver of a 4-door sedan lost control of the vehicle and crashed killing all three occupants. The tragic accident happened just after midnight, Wednesday, June 19, 2019, on the John Ringling Causeway in Sarasota. According to the Sarasota Police Department, three teens were traveling westbound on the bridge when the car crashed.
Family and friends converged on the scene and left flowers and stuffed animals to remember their loved ones and support the families in their time of grief. Several friends expressed their dismay and remembered how kind the teens were to other people.
Contact a Tampa Auto Accident Lawyer Today
If you were a passenger in an accident where the driver was at fault, don’t try to figure out the insurance on your own. The personal injury team at RHINO Lawyers know Florida insurance laws and have a great track record of standing up to them and getting all the coverage the law allows.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!” Contact us for a free consultation after an accident resulting in a serious injury.
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Fatal Bicycle Crash in Parking Lot in Homosassa
A car hit a cyclist in a gas station parking lot killing the cyclist. The accident happened early Sunday, June 16, 2019, when the driver of a passenger car rear-ended a man riding his bicycle. EMS responded to the Racetrac gas station parking lot along South Suncoast Boulevard and rushed him to a local hospital, but unfortunately, he died of his injuries. Police say that the crash is still under investigation and that charges were pending, although they didn’t specify which ones.
Parking Lot Bicycle Injuries
Just about any crash on a bike can be deadly or produce serious bodily injury. This is because of the unprotected nature of cycling, and the fact that the average car outweighs a cyclist by as much as 20 times. Parking lots pose a problem for cyclists who often go unseen by motorists.
For any accident, the at-fault person has to pay for the injuries and financial losses for the injured person. This is true when a car and bicycle tangle up and if it happens in a parking lot. In Florida, the law creates certain right-of-way patterns in parking lots.
A parking lot has lanes of travel, intersections, stop signs and of course parking spaces. Generally speaking, the rules of the road apply as if it were in traffic. Requiring each person to obey the rules and yield to the right-of-way of others.
For example, a car has the right of way in a “lane” and the driver has to treat the marked area in front of the store like a crosswalk. Also, bicycles have the same right-way and code violations as cars. Yet, when it comes to an accident and liability for a personal injury, things take a different turn.
Negligence and the Duty of Care
In a parking lot, the driver of a car has a duty of care to operate his or her vehicle so that others may proceed in safety. This doesn’t mean that all rules of the road (and parking lots) are thrown out, but the law will look at the circumstances of each incident to see if the driver used reasonable care.
If the cyclist violated a right of way, but the vehicle could have easily stopped, then a jury might feel that since a car is so much bigger and heavier, the driver should use extra care when bikes are present. So even though the cyclist may have violated the right-of-way, the law allows a jury to find that the driver was negligent.
What do I do if I was Injured in a Parking Lot?
If you were riding your bicycle in a parking lot and were injured by a motorist, then you should talk to an attorney to find out your rights. Most personal injury attorneys have a free consultation where you can get a case evaluation to see if the law will allow you to seek compensation for your injuries. Loved ones left behind after a crash should speak to an attorney as well about wrongful death claims.
Talk to the RHINO Lawyers today. Our personal injury team is a powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Semi-Truck Crash on I-4 Kills Plant City FL Man
A compact SUV traveling eastbound on I-4 near Mango Rd rear-ended a semi-truck Thursday morning, June 6, 2019. According to the Florida Highway Patrol, the semi-truck had pulled over earlier because its engine had overheated. When he finished cooling it off, the driver pulled out into the outside lane right in front of the SUV.
The impact caused the driver of the SUV to die at the scene, and the truck driver was not injured. The FHP said that the accident was still under investigation and that it’s too early to tell if any charges will be filed.
Semi-Truck Accidents
Large commercial trucks such as semi-trucks are dangerous to all vehicles around them. Typically, studies have shown that truck drivers have a much lower accident and fatality rate than other drivers. However, even a small mistake in a vehicle that can weigh up to 80,000 lbs fully loaded can cause significant injury and even death.
Fault in a Rear-End Accident
Although we have no idea regarding fault in the above accident, most people have heard that if you hit someone in front of you, it’s your fault. While that’s generally true, there are exceptions. According to Florida personal injury law, for someone to be liable for another’s injuries, they must have been negligent.
In a typical rear-end accident, the driver doesn’t stop in time and hits the car in front of them. However, if a vehicle changed lanes right in front of another car, then that driver was careless by not yielding to the right-of-way to the other driver. In that case, even though a driver rear-ended another vehicle, the fault could be with the vehicle that changed lanes too quickly.
Wrongful Death
When a person is killed in a car accident, the family members can file a claim for wrongful death. The court will look at whether the alleged at-fault driver acted negligently, and if so, then the family members can collect certain damages based on the loss of their family member.
The most common of these damages are:
- Medical bills of the deceased, if related to the accident
- Funeral and Burial Expenses
- Loss of financial support for dependent family members
- Loss of companionship (for children) and consortium (for spouse)
Contact a Truck Accident Lawyer
If you have been injured or have a loved family member that has been killed by someone else’s negligence, then you should at least talk to an attorney. The insurance company will not tell you the law or give you a heads up of an upcoming deadline. It’s their job to pay out as little money as possible.
The Truck Accident Lawyers at RHINO Lawyers have the experience and knowledge to go up against the insurance companies. Call our personal injury team today for a free consultation. Their personal mission is to empower Florida’s families to “Take Charge!”
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