593, Lazzarotto v. Atchison, T. & S. F. R. Co. (1958) 157 Cal. According to reports, the Georgia defensive lineman was . The offense reads "Speeding in Excess of Maximum Limits . App. A violation is an infraction with fines ranging from $35.00 to more than $500.00, plus court assessments. 576, 615 S.E.2d 627 (2005). You can also talk to the officer and apologize, especially if it is a first-time violation. Although the state failed to provide a proper foundation for the introduction of laser detection evidence, other evidence at trial was sufficient to sustain the defendant's conviction for speeding because the police officer who observed the defendant's vehicle testified that the vehicle was traveling at an "obvious high rate of speed" and faster than the speed limit. Carter had also been given two other traffic citations during his time at the university. a different maximum speed is established under authority granted in subdivision (6) - O.C.G.A. Defendant's argument that the state was required to prove the defendant was going 100 mph since that radar-gun speed was set forth in the uniform traffic citation (UTC) failed and the defendant's conviction for speeding under O.C.G.A. 522, 583 S.E.2d 195 (2003). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Georgia gives you permission to request a violation of zero points one time after every five years. UGA FOOTBALL STAFFER DRUNK AND TRAVELING OVER 100 MPH BEFORE FATAL CRASH, POLICE SAY. 49-654. In other words, the Department's administrative actions of determining and establishing the appropriate speed limit for a particular roadway based on various conditions is analogous to the legislative act of making law. My court date is 04/26/2022 in Lenox, Georgia or I can send them a check. So, equip yourself with the knowledge of speeding laws and drive accordingly. Other Limited Access Roads: Cars (MPH) 65 (Georgia's "Super Speeder Law" adds on $200 in state fees for any driver convicted of speeding at . Points will also be placed on the motorists driving record. 40-6-1(b) simply sets limits on fines that can be imposed as punishment for a first offense of speeding and the statute does not restrict the available punishment for speeding to a fine. App. That includes: Georgia does not assign points for speeding violations less than 15mph over the speeding limit. Georgia has some of the strictest speeding laws in the entire country. In the video, the officer said he pulled over other UGA football players for speeding just days earlier. That is because the maximum penalty for speeding is a fine. or as provided in subdivision (7) subject to the maximum rate of speed provided in The only way to guarantee you are not paying too much is to understand the ticketing laws and fines. Let us fight to get you justice and financial compensation. It will help you understand your options in detail. If you want to fight a speeding ticket, it's important to know: what type of speed limit you're accused of violating: "absolute," "presumed," or a "basic" speed law, and. In towns and cities, speed limits range between 25 and 35 mph. Booking Number: NEKM03032023. TIP #1: Reduce Your Driving Speed in Adverse Road and/or Weather Conditions. Sign up for our free summaries and get the latest delivered directly to you. Motor Vehicles and Traffic 32-5A-171 - last updated January 01, 2019 If you are caught driving 75 mph or more on a two-lane road or 85 mph and above on any road or highway in the state of Georgia, you will be deemed a "Super Speeder.". App. Exceeding speed limit. No person shall operate a motor vehicle on any county-maintained paved road in One to 10 miles per hour in excess of the speed limit is a Class D traffic violation. 2. signs; (3)Seventy miles per hour on a highway on the federal interstate system which is For example, a driver might be able to get a speeding ticket dismissed by pointing out in court that the device used by the officer to clock the speed wasn't in good working order. In New Jersey, if you are driving in excess of 1-14 mph over the speed limit, it is a 2 point ticket. Hargrove v. Tanner, 98 Ga. App. 20-141 (b) makes it unlawful to drive in excess of the following speeds: 35 miles per hour inside municipal limits and 55 miles per hour outside municipal limits. Jones v. State, 308 Ga. App. California's Prima Facie Speed Limit Law. Defendant's conviction for speeding was supported by sufficient evidence including the arresting officer's testimony that the speed limit at the scene was 35 mph, greater than the statutory maximum. full access control on the state highway system, provided that such speed limit is These are the top three ways of fine payment. The posted speed limits are the maximum lawful speeds. * The new law has two important parts: It makes speeding in excess of 30 miles per hour a Class B Misdemeanor with a penalty of up to six months in jail and a $1,500 fine. 2. Send your payment to the . I was given a traffic citation, summons and accusation in Georgia for speeding in excess of maximum limits. Noeske v. State, 181 Ga. App. Police determined LeCroys Expedition was traveling at about 104 mph shortly before the crash. Unless otherwise posted, the absolute speed limits are: On most other roadways, the maximum limit is 55 miles per hour. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Excessive driving speed is a major cause of fatal crashes, 16 and higher speeds may cause more severe crashes. He was charged with SPEEDING IN EXCESS OF MAXIMUM LIMITS. Sonny Perdue pitched this revenue-generation idea to the Legislature, claiming that the additional proceeds from speeding ticket offenders who ignore posted speed limits could help trauma care in rural areas. 578, 367 S.E.2d 836 (1988); Carver v. State, 199 Ga. App. Judges also have the option of ordering convicted motorists to complete a defensive driving course in addition to or in lieu of fines. Demonstrating that the officer using the device did so incorrectly. Cite this article: FindLaw.com - Georgia Code Title 40. 3d 655, Pedeferri v. Seidner Enterprises (Cal. Police allege UGA staffer had twice legal alcohol limit in system and was going 100+ mph in crash. If you have more than fifteen points in two years, the authorities will suspend your license. Remember that the speeding ticket can vary. (8) A law enforcement officer or a peace officer of any incorporated municipality Booking Number: MCJM03012023. 778, 353 S.E.2d 635 (1987). - State is required to present the necessary foundation, including proof of the visibility of the police vehicle as required by O.C.G.A. Speeding is one of the most common moving violations. Shouse Law Group has wonderful customer service. by the Governor under authority granted in subdivision (6) or as provided in subdivision Sess., p. 556, which included the statement that speed in a business or residential district is 35 (now 30) miles per hour, was surplusage, but it was not error for the reason that nothing in the charge intimated to the jury that the defendant would have been guilty of negligence in exceeding a 35-mile-per-hour (now 30-mile-per-hour) rather than a 60-mile-per-hour (now 55-mile-per-hour) maximum. There are three possible consequences if a driver violates Vehicle Code 22350 VC or drives in excess of a maximum speed limit. 6 Points. (a) The limits specified in this Code section or established as authorized in this article shall be the maximum lawful vehicle speeds, except when a special hazard exists that requires a lower speed for compliance with Code Section 40-6-180. Such an order because of a court judge will take away your driving record points. ( Insurance Information Institute) Increases in speed limits lead to increased danger. Pay a Super Speeder Fine. George F. Mccranie IV. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. Jackson v. State, 257 Ga. App. If no one other than the reckless driver is injured, violation of this law is a California misdemeanor. line shall be considered an interstate highway for the purpose of the maximum speed Getz v. State, 251 Ga. 462, 306 S.E.2d 918 (1983). Some believe that a different rule applies when the city departs from the presumptive speed limits set forth in G.S. S 1180. This is a passive informational site providing organization of public data, obtainable by anyone. 137, 53 S.E.2d 208 (1949) (decided under former Code 1933, 68-301). 3d 253, Washam v. Peerless Automatic Staple Machine Co. (1941) 45 Cal. In some states, for example, a speeding violation fine might be $25 plus $2 for each mile per hour over the speed limit. You already receive all suggested Justia Opinion Summary Newsletters. limit on the highway. His speed is again at 55 miles per hour. of speed is required by federal law in order for Alabama to receive federal funds In a speeding and eluding prosecution, though an officer might not have advised the defendant of the defendant's right under O.C.G.A. 737, 353 S.E.2d 559 (1987); Cabral v. White, 181 Ga. App. The provisions of this Act shall not apply to or affect offenses committed prior to that effective date.". No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Super Speeders are drivers ticketed for traveling 75 mph or faster on a 2-lane road or 85 mph or faster on other roads or highways. - When the actual speed limit in the area of the accident was 55 miles per hour, the court's reference to a 35-mile-per-hour speed limit in the court's instruction to the jury, although inappropriate, did not constitute a reversible error. A second offense within three years will result in a fine of up to $750 and a six-month license suspension. (b) 11 to 20 miles per hour in excess of the speed limit is a Class C traffic violation. (4) No person shall operate a motor vehicle, on an interstate highway within the State 2. Ga. Code 40-6-181. Porter v. State, 290 Ga. App. maximum speed limits as provided in Code Section 40-6-182, no person shall drive a vehicle at a speed in excess of the following maximum limits: (1)Thirty miles per hour in any urban or residential district; (1.1)Thirty-five miles per hour on an unpaved county road unless designated otherwise this Section. Georgia recruiting staffer Chandler LeCroy and offensive lineman Devin Willock . Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Well over 95% of cases get resolved by paying Georgia speeding ticket fines. The driver was close to, or driving over, a railroad crossing. And if a speeding violation results in the death of another person, it's possible to be convicted of "vehicular homicide. - Evidence that a police officer observed the defendant driving above the speed limit, which the officer confirmed through use of the officer's radar and speedometer, was sufficient to support the defendant's conviction for speeding. The speed limit signs say 55 mph The time is late morning and there are only a few other drivers on the road. 2023 cofes.com | About Us | Contact | Sitemap | Privacy Policy | Terms of Service, Accounting & Payroll Software For Small Business, Accounting Software For Auto Repair Shops, Accounting Software For Inventory Management, Accounting Software For Interior Designers, Ecommerce Platforms For Musicians & Bands, eCommerce Platforms With eBay Integration, B2B Ecommerce Platforms For Small Businesses, Project Management Software For Video Production, Project Management Software For Game Development, Project Management Software With Outlook Integration, Project Management Software For Healthcare, Project Management Software For Dependency Tracking, Project Management Software For Musicians, Project Management Software for Education, Collaborative Project Management Software, Pharmaceutical Project Management Software, Project Management Software With Email Integration, Project Management Software with Recurring Tasks, Call Center Workforce Management Software, Two points if you go 15 to 18mph over the speed limit, Three points if you go 19 to 23mph over the speed limit, Four points if you go 24 to 33mph over the speed limit, Six points if you go 34mph or more over the speed limit. If you are close to that, you can negotiate and have the ticket reduced to one less than 15mph. 4th 359. This means you will be hit with an additional $200 fine on top of whatever local fines you must pay for a ticket. However, the ticket will still stay on your record. CA Vehicle Code (CVC) 22362, Speed Laws declares, "It is prima facie a violation of the basic speed law for any person to operate a vehicle in excess of the posted speed limit" though it could apply to any CVC in sections 22348 through 22413, which cover speed laws. 506, 667 S.E.2d 670 (2008). 99, 706 S.E.2d 593 (2011). It will enable you to have a smooth experience without violations. After being pulled over, officers also cited Carter for having an illegally tinted window and "material affixed which obstructs vision." Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Maximum limits. The subsection does not specify the types of roadways to which it applies, but related provisions of G.S. However, John is likely violating the law on Tuesday. 583, 672 S.E.2d 538 (2009); Waterman v. State, 299 Ga. App. designated by appropriate signs; and. In Colorado? The speeding ticket will stay on the driving record for two years. (7). The crash occurred just hours after the Bulldogs celebrated their second straight national championship with a parade and ceremony. Increases in speed over two decades have cost 33,000 lives in the United States canceling out about the same amount of . Co. v. Bridges, 168 Ga. App. Speeding tickets and driving license suspension, Possible negligence in any resulting auto accident, $35 if faster than the limit or safe speed by 1 to 15 miles per hour, $70 if faster than the limit or safe speed by 16 to 25 miles per hour, $100 if faster than the limit or safe speed by 26 miles per hour or more. 842, 406 S.E.2d 236 (1991); Pratt v. State, 208 Ga. App. limit is designated by appropriate signs; (4)Sixty-five miles per hour on those sections of physically divided highways without Speeding in Excess of 55 mph. In October 2012, a 41-mile stretch of Texas State Highway 130 opened with a speed limit of 85 mph. Segel v. State, 293 Ga. App. Multi-jurisdictional speed contests, races and similar special events. Rptr. Speeding 1 through 5 mph in excess of speed zone: 1 Speeding 6 through 15 mph in excess of speed zone: 3 Speeding 16 through 25 mph in excess of speed zone: 4 Speeding 26 through 35 mph in excess of speed zone: 5 Speeding 36 through 45 mph in excess of speed zone: 6 Speeding 46 mph and above in excess of speed zone: 8 Speed is less than posted . 17 The Fatality Analysis Reporting System (FARS) recently . Besides that, there is no other way to avoid speeding tickets unless you drive under the speed limit. 24 to 33 mph over the speed limit. subdivision (3). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Vehicle Code 22350 VC - 4 ways to beat a speeding ticket in court. If an accident occurs, and a driver was found to be driving unsafely, he could be held liable for any possible injuries and damages resulting from the accident.15Courts have ruled that a violation of the basic speeding law is negligence per se under California law. 64, 637 S.E.2d 800 (2006); McWilliams v. State, 287 Ga. App. Keeping the charges and points off your record is crucial to saving you insurance money in the long run. You may also get the opportunity of negotiating the charge when pleading not guilty. There were pedestrians and/or bicyclists near the driver. The limits specified in this Code section or established as authorized in this article shall be the maximum lawful vehicle speeds, except when a special hazard exists that requires a lower speed for compliance with Code Section 40-6-180. 40-6-181 was affirmed because: (1) the UTC references to defendant's speed were not allegations but were notices of the evidence against the defendant; (2) even if the references to speed were allegations, the UTC specifically set forth the police officer's visual estimate of over 95 mph, and thus the defendant could not have complained that the evidence varied from that allegation; and (3) even if the radar-gun 100-mph allegation were the only allegation of speed, it would not have been a material allegation, and thus no fatal variance would have occurred. (5)Fifty-five miles per hour in other locations. - While a violation of Ga. L. 1953, Nov.-Dec. So when you're around your teammates, you need to tell them to slow down. A conviction for speeding more than 15 mph over the limit and at a speed greater than 55 mph for example, 71 mph in a 55 mph zone will result in at least a 30-day suspension of your driving privilege. You'll have to pay for the speeding ticket in Georgia, whether or not you live there. plate, or placard which is required by the rules or regulations of the DOT or the California Vehicle Code 23582 VC is whats known as a DUI sentencing enhancement.21 It increases the punishment of wrongdoing if: The additional penalty is a minimum 60-day jail term added to your DUI sentence and a requirement that you participate in a drug and/or alcohol education program (also known as California DUI school). Stay up-to-date with how the law affects your life. that requires a lower speed for compliance with Code Section 40-6-180. - For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. These are: A driver that is found guilty of breaking the basic speeding law, or of driving in excess of a posted speed limit, will receive a speeding ticket and may get a suspension of his drivers license. This information does not infer or imply guilt of any actions or activity other than their arrest. Note that Vehicle Code 22362 makes it illegal to speed in a construction zone. After suspension, you will have to wait to get the license again. The following speeding citations have the below-mentioned stated consequences to a driver's record: 15- 18 mph over the speed limit = 2 points. Get free summaries of new opinions delivered to your inbox! A conviction for violating that section in one county under such circumstances would be no bar to a prosecution in the adjoining county. Moreover, proving negligence in a personal injury case is sometimes difficult. 8-1558. - Speed limits in parks, historic sites, or recreational areas, 12-3-10. App. Further, the negligent driver may have to pay for any damages caused. In most areas of Georgia, you can pay a speeding ticket online, by phone, by mail, or in person. A person found guilty of violating this section will receive a ticket in the amount of $238. (1.1) Thirty-five miles per hour on an unpaved county road unless designated otherwise by appropriate signs; (Ga. L. 1953, Nov.-Dec. How is the basic speed law different from specific speed limits? According to the arrest warrant, the investigation by Athens police found that LeCroy and Carter were operating their vehicles "in a manner consistent with racing" after leaving downtown Athens at about 2:30 a.m. Georgia defensive lineman Jalen Carter (88) during the college football game between the Georgia Bulldogs and the Mississippi State Bulldogs on November 12, 2022 at Davis Wade Stadium in Starkville, MS. (Photo by Kevin Langley/Icon Sportswire via Get, The warrant says evidence shows the vehicles switched lanes, drove in the center turn lane, drove in opposite lanes, overtook other motorists, and drove at high rates of speed "in an apparent attempt to outdistance each other.". Idaho Statutes. he faces being designated a negligent operator and thus a drivers license suspension. - When the accusation alleged 100 mph and the evidence showed only 95 mph, no fatal variance occurred because: (1) to have been guilty of speeding, one need have only exceeded the designated speed limit under O.C.G.A. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. If you win, you won't have any of the consequences of a conviction. This information does not infer or imply guilt of any actions or activity other than their arrest. - Although an officer used a speed detection device without a permit, the trial court's determination of guilt was not invalid because the state made the state clear that it was not depending on the radar confirmation of the speed to convict defendant. Another citation happened shortly after midnight on June 19, 2022 for a disabled vehicle on E. Clayton Street, the Athens-Banner Herald reported. In 2018 there were 9,378 fatalities in crashes where at least one driver was speeding. "Your break is you're not going to jail. These include whether: Example: On Monday, John is driving 55 miles per hour on a California highway. See also. or town which has less than 19,000 inhabitants according to the most recent federal Current as of April 14, 2021 | Updated by FindLaw Staff. A driver canchallenge a prima facie speeding citation by showing that he was not in violation of the basic speeding law. Speeding violations in highway work zones . On Tuesday, John drives on the same section of highway. Filming of movies, commercials and similar events. Ct. 2017), 221 Cal. - If the actual and potential hazards existing at any particular place on a highway require a speed of less than 60 (now 55) miles per hour, then the operator should reduce the speed of the operator's automobile at that place to whatever is reasonable and prudent under the conditions. In Nevada? If a driver exceeds the speed limit or is driving unsafe, but wasnt driving in excess of 100 miles per hour, then the base fine of a ticket will be: The penalties for driving faster than 100 miles per hour include: A driver will receive points on his driving record if he drives faster than a speed limit or violates 22350 VC. This means the court automatically treats it as negligence.16. of 55 miles per hour at any time unless a different maximum rate of speed is authorized You will admit guild, but you will not get any points on the driving record. Two speeding charges within one year; Speeding plus reckless driving on the same occasion; Offense* Length of Suspension or Revocation Description Statute(s) Suspension Statute(s) First offense: 30 days: G.S. 20.16.1(a . 40-6-181 and40-6-182 are laws which plainly authorize the Georgia Department of Transportation to exercise the quasi-legislative function of adopting rules (i.e., establishing speed limits . Here are the top scenarios and how you must navigate them after you get a speeding ticket: Here is what you need to do to pay the fine: You can pay for the Georgia speeding ticket by mail, online, or phone. (a) The limits specified in this Code section or established as authorized in this article shall be the maximum lawful vehicle speeds, except when a special hazard exists that requires a lower speed for compliance with Code Section 40-6-180. (5) Fifty-five miles per hour in other locations. They will drop after that. Criminal liability for street racing (drag racing), 89 A.L.R.6th 565. Fifty-five miles per hour in other locations. (1) No person shall operate a vehicle in excess of 30 miles per hour in any urban Press Release from DDOT (6/1/2020): 20 MPH Default Speed Limit Emergency Rulemaking Speeding Laws in DC. If you are driving 30 mph or more over the speed limit, it is a 5 point speeding violation. 2d 598, People v. Lett (1947) 77 Cal. which is open between the Alabama/Mississippi state line and the Jefferson County Porter v. State, 290 Ga. App. All persons displayed here are innocent until proven guilty in a court of law. | https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-6-181/. 3. 40-6-181(b); greater speeds by specified increments affected only the punishment and were therefore not material allegations to prove the crime of speeding so that the allegation that the defendant was traveling 127 mph was not a material averment that had to be proven. 595. Views: 2 . $0. Sess., p. 556, a jury question is alleged as to whether the proximate cause of the collision was negligence on the part of the defendant driver due to the defendant's excessive speed and failure to slow the defendant's vehicle down so as to avoid colliding with the plaintiff's automobile after an emergency in the road ahead forced the plaintiff driver to turn into the inner traffic lane. 70 miles per hour on interstate highways. - When plaintiff driver, before entering the inner traffic lane, signaled the plaintiff's intention to do so, and the defendant driver was guilty of negligence per se in that defendant was operating a truck in excess of 55 miles per hour in violation of Ga. L. 1953, Nov.-Dec. 2d Dist. He was charged with SPEEDING IN EXCESS OF MAXIMUM LIMITS. 31+ MPH over posted speed limit + $180 + $15 per MPH over 30 MPH excess. A speed of 55 miles per hour is indeed dangerous and unreasonable since there is heavy traffic and the road conditions are slick and icy due to the weather conditions. Basic rule and maximum limits. If youve been charged with a crime or are the victim of an accident, we invite you to contact us at Shouse Law Group. App. JALEN CARTER RESPONDS TO CHARGES CONNECTED TO DEADLY UGA CRASH. We do not handle any of the following cases: And we do not handle any cases outside of California. decennial census shall not enforce this section on any interstate highway. Its rush hour though and many other drivers are on the road. Motor Vehicles and Traffic 40-6-181 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. - When a driver voluntarily and criminally began operating a driver's automobile in excess of the speed limit and voluntarily, continuously, and uninterruptedly extended the driver's criminal act into an adjoining county, the driver violated former Code 1933, 68-301 in each county. When the plaintiff simply charged the defendant, not with driving over 35 miles per hour, but with driving too fast for the conditions existing at the time and place involved, this is not negligence per se. Jones v. State, 308 Ga. App. The first, on June 10, 2019, involved him getting a verbal warning for his car's dealer tag. Johns driving on Monday is perfectly within the limits of Vehicle Code 22350 VC. Proving that the radar device was not calibrated properly. California has two types of speed limits. 65 miles per hour on freeways and other highways (that are not marked for 70 miles per hour); and. Currently, 22 states have maximum speed limits of 70 mph, and 11 states have maximum speed limits of 75 mph on some portion of their roadway systems. 2d. California law defines negligence as the failure to use reasonable care to prevent harm to oneself or to others. Current as of January 01, 2019 | Updated by FindLaw Staff. An Athens-Clarke County Police Officer checks Jalen Carters vehicle due to dark tint during a traffic stop on Sept 22, 2022. the crash that killed his teammate and a UGA recruiting staffer. 450, 829 S.E.2d 666 (2019). A strong legal defense then is showing that the radar device produced an inaccurate reading. With regard to the defendant's trial and conviction for speeding, the trial court properly denied the defendant's motion for a directed verdict, which was based on the assertion that the state's evidence only showed that the defendant was driving 80 miles per hour in a 65 mile per hour zone and, therefore, the state failed to prove that the defendant was driving 16-20 miles per hour over the posted speed limit as there was no fatal variance between the indictment and the evidence at trial since actual speed was not a material averment of the indictment that had to be proven and it was within the jury's province to resolve the conflicting evidence against the defendant. 16, 104 S.E.2d 665 (1958). 280, 724 S.E.2d 15 (2012). 117, 274 S.E.2d 115 (1980); Bilbrey v. State, 254 Ga. 629, 331 S.E.2d 551 (1985); Blackwell v. State, 180 Ga. App. Read your ticket and see where you need to send the payment. or any law enforcement officer of a municipality only within the corporate limits 715, 572 S.E.2d 60 (2002). an unincorporated area of the state at a speed in excess of 45 miles per hour unless If you are driving 15-29 mph over the limit, it is a 4 point ticket. Cited in Gray v. State, 156 Ga. App. But your break is you're not going to jail cause that was reckless," the officer said in the dash cam video. 617, 431 S.E.2d 397 (1993); Forsman v. State, 239 Ga. App. What are the penalties for a 22350 VC ticket? 3. Mandatory court offenses will typically have more serious penalties assessed for going 30 mph up to 49 mph over the posted limit.
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