| Blood Alcohol Concentration (BAC) in g/dL | Typical Effects | Predictable Effects on Driving |
|---|---|---|
| .02 | Some loss of judgment; relaxation, slight body warmth, altered mood | Decline in visual functions (rapid tracking of a moving target), decline in ability to perform two tasks at the same time (divided attention) |
| .05 | Exaggerated behavior, may have loss of small-muscle control (e.g., focusing your eyes), impaired judgment, usually good feeling, lowered alertness, release of inhibition | Reduced coordination, reduced ability to track moving objects, difficulty steering, reduced response to emergency driving situations |
| .08 | Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing), harder to detect danger; judgment, self-control, reasoning, and memory are impaired | Concentration, short-term memory loss, speed control, reduced information processing capability (e.g., signal detection, visual search), impaired perception |
| .10 | Clear deterioration of reaction time and control, slurred speech, poor coordination, and slowed thinking | Reduced ability to maintain lane position and brake appropriately |
| .15 | Far less muscle control than normal, vomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol), major loss of balance | Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing |
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DUI Lawyers Virginia Beach VA
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ATTORNEY ANTHONY MONTAGNA, III
- WINNING DUI/DWI CASES AND PROVIDING UNMATCHED LEGAL REPRESENTATION IN VIRGINIA BEACH, VA SINCE 1993
- TOUGH AND EXPERIENCED
- 757-625-3500 (TO REACH ANTHONY MONTAGNA, III 24 HOURS A DAY) or 757-622-6851
- MILITARY, RETIRED, FIRST RESPONDER, UNION AND TEACHER DISCOUNTS
- A TRUSTWORTHY, DEDICATED, AND DRIVEN TO SUCCEED VIRGINIA BEACH DUI LAWYER
- A VIRGINIA BEACH DUI LAWYER THAT OTHER LAWYERS ASK FOR ADVICE
- A HIGHLY RATED LAWYER FOR DUI’S IN VIRGINIA BEACH, VA
MONTAGNA VIRGINIA BEACH DUI LAW
- ONE COLUMBUS CENTER, STE. 600, VIRGINIA BEACH, VA 23462
- 757-625-3500 (TO REACH ANTHONY MONTAGNA, III 24 HOURS A DAY)
- OVER 100+ YEARS OF COMBINED LEGAL EXPERIENCE
- TRIAL TESTED VIRGINIA BEACH DUI LAWYERS
A VIRGINIA BEACH DUI LAWYER THAT IS A+ RATED BY THE BETTER BUSINESS BUREAU
Anthony L. Montagna, III and the attorneys at Montagna Virginia Beach DUI Law are highly skilled Virginia Beach DUI lawyers. We have over 125 years of combined legal experience. We always put the client first and strive to obtain excellent results. Most importantly, Anthony Montagna, III is A+ rated by the Better Business Bureau.
THREE CONVENIENT LOCATIONS:
Norfolk, VA:
425 Monticello Avenue, Suite A,
Norfolk, VA 23510
757-625-3500
Newport News, VA:
4302 Huntington Avenue, Suite A
Newport News, VA 23607
757-625-3500 (To reach Anthony Montagna, III 24 Hours a Day)
Virginia Beach, VA:
One Columbus Center, Ste. 600, PMB 025
Virginia Beach, VA 23462
757-625-3500 (To reach Anthony Montagna, III 24 Hours a Day)
SOME OF OUR FAVORABLE DUI RESULTS:
ALTHOUGH EVERY CASE IS DIFFERENT AND THE RESULTS OF ONE CASE DO NOT GUARANTEE RESULTS IN A DIFFERENT CASE, SOME OF ANTHONY MONTAGNA, III’S FAVORABLE RESULTS ARE THE FOLLOWING:
- DUI and Reckless Driving with a B.A.C. of .09 from a blood serum draw at the hospital after a very serious automobile accident with significant personal injuries and property damage: Guilty of only Reckless Driving with NO ACTIVE INCARCERATION
- DUI with a B.A.C. of .24: DISMISSED – Attorney Montagna made a motion to strike with an unusual technical defense.
- DUI AND REFUSAL: REFUSAL Nolle Prosequi (Dismissed without Prejudice) and DUI reduced to Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
- DUI-2ND OFFENSE AND REFUSAL: Both charges Nolle Prosequi (Dismissed without Prejudice) – Attorney Montagna showed the prosecutor the problems with the case.
- DUI: GUILTY OF RECKLESS DRIVING – Attorney Montagna showed the prosecutor the problems with the case.
- DUI-Drugs: GUILTY OF RECKLESS DRIVING – Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI, Second offense: Guilty of Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
- DUI: Guilty of Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI: Guilty of Wet Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED – After a lengthy trial, Attorney Montagna argued that the police officer did not have a reasonable basis to stop the client’s vehicle.
- DUI and Refusal: DISMISSED – Attorney Montagna convinced the court that there was not enough evidence beyond a reasonable doubt to convict the client.
- Client charged with DUI and Refusal: Client plead to Reckless Driving and refusal charge taken under advisement for one year and to be dismissed if in compliance – Attorney Montagna showed the prosecutor the problems with the case.
- Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED – After a lengthy trial, Attorney Montagna argued that there was not enough evidence beyond a reasonable doubt to convict the client.
- DUI-Second Offense: Client guilty of DUI-First Offense, no active jail time – Attorney Montagna showed the prosecutor the problems with the case.
- Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED – Attorney Montagna made specific arguments to suppress the certificate of analysis in the first case and show that the police officer did not have a reasonable basis to stop the client’s vehicle in the second case.
- Client charged with DUI-First Offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in Jail. All jail time suspended. Attorney Montagna showed the prosecutor the problems with the case.
IMPAIRED DRIVING IS A NATIONAL PROBLEM – PLEASE DO NOT BECOME A STATISTIC
Pursuant to “Impaired Driving: Get the Facts” from the Centers for Disease Control and Prevention, “Every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver.1 This is one death every 50 minutes.1 The annual cost of alcohol-related crashes totals more than $44 billion.2″
- National Highway Traffic Safety Administration. Traffic Safety Facts 2016 data: alcohol-impaired driving. U.S. Department of Transportation, Washington, DC; 2017 Available at: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812450external icon Accessed 16 April 2018.
- Blincoe LJ, Miller TR, Zaloshnja E, Lawrence BA. National Highway Traffic Safety Administration. The economic and societal impact of motor vehicle crashes, 2010. (Revised). U.S. Department of Transportation, Washington, DC; 2015. Available at: http://www-nrd.nhtsa.dot.gov/pubs/812013.pdfpdf iconexternal icon. Accessed 16 April 2018.
Impaired driving, DUI, and DWI are serious problems. If you have a drinking or drug problem, get help. If you find yourself charged with DUI or DWI, rest comfortably that Montagna Defense Attorneys is here to help you and to provide unmatched legal representation.
Please do not drink and drive. Alcohol can have some subtle effects on a person. However, if you are charged with DUI/DWI in Norfolk, VA, contact Montagna Defense Attorneys. We can discuss with you whether you may need a forensic toxicologist. In any case, Montagna Defense Attorneys is here to help
A VIRGINIA BEACH DUI LAWYER WHO HAS BEEN WINNING DUI’S AND DWI’S SINCE 1993
Anthony L. Montagna, III and the attorneys at Anthony Montagna L.L.P. are highly skilled lawyers for DUI’s in Virginia Beach, VA. We have over 175 years of combined legal experience, and Anthony has been winning DUI and DWI cases for over 28 years.
ANTHONY MONTAGNA, III FIGHTS FOR YOU IN COURT
In court, Anthony Montagna, III argues against unreasonable stops, violations of the implied consent law, failures to follow the required procedures for breath and blood draws, and illegal arrests. Hire the highly skilled DUI lawyer, Anthony L. Montagna, III, for your DUI case in Virginia Beach, VA and put a fighter in your corner! ANTHONY SPECIALIZES IN DUI CASES IN VIRGINIA BEACH, VA.
ANTHONY MONTAGNA, III HAS COUNTLESS DUI’S
The highly skilled Virginia Beach DUI lawyer, Anthony Montagna, III at Anthony Montagna, has handled hundreds of DUI’s. Clients can visit Anthony Montagna, III at the firm office in Virginia Beach, VA: One Columbus Center, Ste. 600, Virginia Beach, VA 23462
HIGHLY RATED LAWYER FOR DUI’S IN VIRGINIA BEACH, VA:
- Top DUI lawyers belong to reputable organizations and need to be highly rated in the community. Antony Montagna, III is a member of the American Association of Premier DUI Attorneys. This organization allows Anthony access to successful defense strategies and information utilized by attorneys across the country.
- Anthony Montagna, III is also listed as one of “BEST OF THE BEST ATTORNEYS“-TOP 10: DUI DEFENSE LAW ATTORNEY. As this highly respected organization states, “LAW PRACTICED AT A HIGHER STANDARD. Only .05% invited. Attorney dedication, hard work and excellence at its Best.”
- Because Anthony Montagna, III is highly experienced, he has had the privilege as being selected as one of the three best DUI attorneys in Norfolk, Virginia with ThreeBestRated.com. Anthony is very proud of his selection and strives to practice law at the standard expected of him.
- Martindale Hubbell has also indicated that Anthony Montagna, III has been “PEER RATED FOR STRONG ETHICAL STANDARDS.”
- OVER ONE HUNDRED THIRTY (130) GOOGLE FIVE (5) STAR REVIEWS
- A+ rated by the Better Business Bureau.
COSTS OF A DUI IN VIRGINIA BEACH, VA:
- ATTORNEY FEES
- TERMINATION OF EMPLOYMENT
- COURT FINES
- INCARCERATION COSTS
- COURT COSTS
- BAIL BONDSMAN COSTS (USUALLY 10% OF BOND)
- ALCOHOL SAFETY ACTION PROGRAM (ASAP) FEES
- INSURANCE PREMIUM INCREASES
- INTERLOCK DEVICE COSTS
- CAR TOWING FEES
- CRIMINAL CONVICTION STIGMA
- ALTERNATIVE TRANSPORTATION COSTS WITH A LICENSE SUSPENSION
BIO OF ANTHONY MONTAGNA, III:
Anthony was born on August 19, 1968 at Camp LeJeune, North Carolina. After several months, he and his family moved to Norfolk, Virginia, his father’s home town.
Anthony graduated from Norfolk Academy in Norfolk, VA in 1986. After graduation, he attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the Dean’s List.
After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993. Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C. in Norfolk, VA.
In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family. He particularly enjoys spending time with his daughter, Phoebe, who is 20 and attends Hollins University.
FORMER PARTNER AT MONTAGNA & MONTAGNA, P.C.:
As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law. Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation, DUI and traffic, security clearance, criminal, and corporation cases.
SON OF A CAPTAIN, USNR:
As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to help you get a more desirable result. He has been involved in the law for over 28 years and is well known for his knowledge of the law and familiarity with the judges in Virginia Beach, VA.
COMMITMENT TO CLIENTS AS A DEDICATED VIRGINIA BEACH DUI LAWYER:
“Practicing law since 1993, I know each DUI/DWI case in Virginia Beach, VA is different, and I provide personalized attention for each client,” says Anthony. “I am committed to providing my clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”
ANTHONY L. MONTAGNA, III THINKS OUTSIDE OF THE BOX:
Anthony strives to answer all questions, to provide regular updates and return all phone calls. If you want an attorney who will think outside of the box, make your case a priority and work hard for you, Anthony is the attorney for you.
THREE REASONS TO SELECT ANTHONY MONTAGNA, III
HIGHLY SKILLED VIRGINIA BEACH DUI LAWYERS, WHO YOU CAN TRUST
When you want an experienced Virginia Beach DUI lawyer, you cannot go wrong calling Anthony Montagna, III and the lawyers at Montagna Defense Attorneys. Anthony has been zealously representing civilian and military personnel in DUI cases for over 28 years. Anthony has the knowledge, skill, and compassion to obtain the most favorable dispositions for his clients. Anthony will carefully explain all the elements and penalties of a DUI and will “walk with you every step of the way” during the course of his representation of you.
VIRGINIA BEACH DUI LAWYER WHO IS TOUGH AS NAILS
When someone is charged with a DUI in Virginia Beach, VA, he or she is often afraid, nervous, and concerned. With Anthony by your side, you can rest easily knowing that he will represent you like he would want a colleague to represent his family member.
Anthony is tough as nails and appreciates the opportunity to serve you. Most importantly, Anthony is aware of your fear, nervousness, and anxiety concerning a DUI in Virginia Beach, VA.
MILITARY WELCOME
UNION WORKERS WELCOME
CALL TODAY: 757-625-3500 or 757-622-6851
WHAT IS A DUI?
What are the intoxicated related offenses? Driving While intoxicated Section 18.2-266 Five ways to convict:
- While a person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided under Article
- While under the influence of alcohol
- While under the influence of any narcotic or self administered intoxicant or drug to which it impairs the person’s ability to drive safely.
- While a person is under the combined influence of alcohol and drugs that impairs his ability to operate a motor vehicle.
- While such a person has a blood concentration of any of the following substances at a level that is equal to or greater than 0.02 milligrams of cocaine per liter of blood, 0.1 milligrams of methamphetamine per liter of blood, 0.01 milligrams of phencyclidine per liter of blood, or 0.1 milligrams of 3,4 methylenedioxymethamphetamine per liter of blood.
First Offense:
- A class I misdemeanor, up to 12 months in jail and a $2500.00 fine, with a mandatory minimum fine of $250.00. If the defendant’s BAC is at least .15 but not more than .20, the defendant must serve a mandatory minimum sentence of five days. If the BAC is more than .20, the defendant must serve a mandatory minimum 10 day jail sentence.
- Defendant must complete Virginia Alcohol Safety Action Program (ASAP), if ordered.
- Suspension of driver’s license for 12 months, with court discretion for a restricted driver’s license.
- If the BAC was .15 or more, installation of an ignition interlock system is mandated for a minimum of six months on any vehicle registered to or owned by the defendant.
Second Offense:
- Within 5 years: a Class I misdemeanor and a mandatory minimum fine of $500 and a jail sentence not less than one month, with a mandatory minimum jail sentence of 20 days; if the BAC is at least .15 but not more than .20, an additional 10 days is added to the mandatory minimum sentence; if the BAC is more than .20, the additional mandatory jail sentence is 20 days.
- Within 5 to 10 years: a Class I misdemeanor and a mandatory minimum fine of $500.00 and a jail sentence of not less than one month with a mandatory minimum jail sentence of 10 days; if the BAC is at least .15 but not more than .20, the defendant must serve an additional mandatory jail sentence of 10 days and the total mandatory fine is $1000.00; if the BAC is more than .20, the defendant must serve an additional mandatory jail sentence of 20 days and the total mandatory fine is $1000.00.
- Driver’s license suspended for three years.
- Restricted license may be obtained after four months, if second offense occurred between 5 and 10 years ago.
- Restricted license may be obtained after 1 year if second offense is within 5 years.
- All restricted licenses require ignition interlock system for a period of time not to exceed the period of license suspension and restriction, but not less than 6 months.
Third Offense within 10 years:
- A Class VI felony, up to 5 years in the penitentiary and a $2,500.00 fine
- If third offense is within 5 years, mandatory minimum $1,000.00 fine and mandatory minimum jail sentence of 6 months
- Mandatory minimum jail sentence of 90 days, if not within 5 years
- Indefinite license suspension.
Fourth or Subsequent Offense within 10 years:
- Class VI felony, mandatory minimum sentence of 1 year and $1,000.00 fine.
DUI QUESTIONS:
What are field sobriety tests? They are used to assist officers in evaluating whether an individual is impaired. The most common field tests are: Horizontal Gaze Nystagmus (HGN), nose touch, alphabet, one leg stand, walk and turn, and preliminary breath test (PBT).
- HGN: measures involuntary jerking of eyes.
- Nose touch: touching nose with finger.
- Alphabet: reciting alphabet from A to Z or from any letter to another, without singing.
- Standing on one foot with other foot raised six inches off the ground for 30 seconds.
- Walk and turn: walking nine steps, up and back, on a real or imaginary line.
- PBT: not admissible at trial, but may be offered at suppression hearings to justify probable cause; a small hand held breath testing device.
The police officer never told me of my rights, is that Ok? A police officer is not required to Mirandize everyone. An individual must only be advised of his rights if he is in custody and questioned by the police. Generally, a police officer does not need to advise an individual of his rights if he is stopped only for an investigative detention. However, the police officer must have stopped the individual based on a reasonable, articulable suspicion.
What is implied consent? If you drive a motor vehicle on a highway, as defined in the code, that you agree to submit to the breathalyzer or blood test to determine the presence of alcohol or drugs.
What is a Refusal charge? It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 of VA Code, 1959, as amended, or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by § 18.2-268.2.
What are the approved interlock devices?
ALCOLOCK: WR2 and LR
Drager: XT 7000
Intoxalock: 1001A
Pending
LifeSafer: FC100 and L250
Smart Start: 2020, 2030, and 235
What are some frequently asked ASAP questions?
1. How long will I be under ASAP supervision?
You will be under ASAP supervision for the entire term the court imposes which varies from case to
case.
2. Is ASAP a 10-week class only?
No, while a 10-week education class may be one required component of ASAP probation, supervision
monitoring, ignition interlock monitoring, substance abuse treatment (if required) and any special
conditions ordered by the court may apply.
3. Can I transfer to another ASAP?
Yes, under certain circumstances you may be able to transfer to another ASAP. You will need to contact
your ASAP case manager for this request.
4. Can I bring family or friends with me to the ASAP classes?
No, family members and friends are not permitted in the ASAP class.
5. What happens if I miss an ASAP class?
ASAP class attendance is mandatory. Your case manager will provide information to you regarding
missed classes.
6. Can I drive to a gas station or grocery store?
The DC261 provides information on the approved destination restrictions. Please refer to this
document.
7. Does the ASAP select the ignition interlock vendor for me?
No, you are responsible for selecting the ignition interlock vendor from the state approved vendor list.
8. Can I drive before I get the ignition interlock installed?
No, you must have the ignition interlock installed before you can drive anywhere.
9. Who tells the DMV when I complete the ASAP?
The ASAP will electronically enter completion into the DMV system once all ASAP requirements have
been met.
10. Will all my ASAP fees have to be paid before I can get my license?
Yes, all your ASAP fees will have to be paid in full before you can get a license. The DMV will not issue you a driver’s license until completion has been entered in the DMV system by the local ASAP.
Do you have a link to ASAP?
Yes. See ASAP Link
WHAT ARE SOME LINKS FOR THE NHTSA (NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION) TRAINING MANUALS:
- DWI DETECTION – INSTRUCTOR MANUAL
- DWI DETECTION – PARTICIPANT MANUAL
- DWI DETECTION REFRESHER – INSTRUCTOR MANUAL
- DWI DETECTION REFRESHER – PARTICIPANT MANUAL
The address for the Virginia Beach General District Court and Circuit Court is 2425 Nimmo Parkway, Virginia Beach, Virginia 23456.
The presiding Judges in the Virginia Beach General District court are the following:
-
- Hon. Sandra S. Menago, Presiding Judge
- Hon. Afshin Farashahi, Presiding Judge
- Hon. Vivian F. Henderson, Presiding Judge
- Hon. Elizabeth S. Foster, Presiding Judge
- Hon. Salvatore R. Iaquinto, Presiding Judge
- Hon. Daniel Roger Lahne, Presiding Judge
- Hon. Paul David Merullo, Presiding Judge
The Virginia Beach General District Court schedule is the following:
Arraignments
Criminal
Felony or Misdemeanor: Mon.-Fri., 2:00 p.m. (next court day)
ONLY if defendant is held in custody.
Felonies: Mon.-Fri., 8:00 a.m. (next day) - Initial appearance
Criminal Courtroom 1
Seven business days after release if defendant not held in
custody.
Traffic: Mon.-Fri., 2:00 p.m. (next court day)
ONLY if defendant is held in custody.
Trials
Criminal
Misdemeanors: Trial 30 days after release; no arraignment or
initial appearance
Police Officer complainant: Mon., Tues., & Wed., 9:00 a.m. &
11:00 a.m.
Citizen complainant: Mon., Tues., Thurs., & Fri., 11:00 a.m.
Other complainants: Mon., Tues., Thurs., & Fri., 2:00 p.m.
CCP/ASAP Violations: Wed., 2:00 p.m.
Traffic
Misdemeanors: Trial 30 days after release; no arraignment or
initial appearance
Police Officers, VA State Police, CBBT, etc.: Mon.-Fri., 9:00
a.m. & 11:00 a.m.
CCP/ASAP Violations: Thurs., 2:00 p.m.
Other complainants: Fri., 2:00 p.m.
Preliminary Hearings
Thurs., & Fri., 9:00 a.m.
The presiding Judges in the Virginia Beach Circuit Court are the following:
-
- Hon. William R. O’Brien, Presiding Judge, Chief Judge
-
- Hon. Glenn R. Croshaw, Presiding Judge
-
- Hon. Steven C. Frucci, Presiding Judge
-
- Hon. W. Revell Lewis III, Presiding Judge
-
- Hon. Leslie L. Lilley, Presiding Judge
-
- Hon. Stephen C. Mahan, Presiding Judge
-
- Hon. H. Thomas Padrick Jr., Presiding Judge
-
- Hon. A. Bonwill Shockley, Presiding Judge
If you seek information about your case in Virginia Beach, please follow this link.
WHEN YOU HAVE THE DIFFICULT CHOICE OF SELECTING AN ATTORNEY FOR A DUI IN VIRGINIA BEACH, CALL A PROVEN WINNER, ANTHONY MONTAGNA, III. AS TOP VIRGINIA BEACH DUI LAWYERS, ANTHONY MONTAGNA, III AND THE OTHER LAWYERS AT THE FIRM WILL FIGHT FOR YOU AND DEFEND YOUR RIGHTS.
CALL TODAY! 757-625-3500 (To reach Anthony Montagna, III 24 Hours a Day)
Written By Anthony Montagna, III
Criminal Defense Lawyer
Anthony graduated from Norfolk Academy in 1986. After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. Practicing since 1993, Anthony has successfully defended individuals charged with serious crimes and traffic offenses like reckless driving and DUI charges.
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