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California DUI Guide: Lawyers, Attorneys and Drunk Driving Defense Laws Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States California Topics California DUI California Car Insurance California DUI Lawyers California DUI Library FREE Ride Home ScooterPatrol ScooterPatrol is a non-profit organization that transports potential drunk drivers home in their own vehicles free, thus making the streets a safer place for everyone. Google Search Results California DUI Information One question I get more than any other is: "What will happen to me in the court on my first offense for DUI?" If you talk to an attorney there are all sorts of variables they will consider. They usually will not give you a clear answer. After ten years of working with first offenders I can tell you within a general framework of what MOST DUI (VC23152) first offenders receive in the 10 county Bay Area. In Court $1200 fine. 3 years probation (informal - no probation officer). 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) OR 90 license restriction (to start AFTER 4 months DMV suspension is over). First Offender School (12 hrs/ 32 hrs / 45 hrs (3 month or 6 months) depending on blood alcohol levels. If the charge is reduced to a ' wet reckless ' the fine is lower and the course is only 12 hours. BUT If you want a restricted license, the DMV requires a completion certificate for a first offender program. A first offender program is 3 months long (sometimes the county makes it 4 months long). So, here is the catch 22. The court tells you to do a 12 hour program BUT the DMV has NO forms for a 12 month program and ONLY accepts completion forms for a 32 hour program! Get it? If you've got a 'wet-reckless' then you have to complete a 3 month program to get your license from the DMV! This is in addition to the four months immediate DMV suspension that starts 30 days after your DUI stop. The Complication These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. When this happens what happens to your license gets ever more 'complicated'. And the reverse is true, people are innocent in the court and yet still have a license suspension with the DMV. With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after you DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class. The only 'draw back' to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of a DUI or a wetreckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed (Proof of Insurance SR-22 and pay $100) to get your license returned. DMV Hearings The suspension will be 'stayed' for six months or until the hearing is held. The driver will have a license BUT if the person loses the hearing (and most do since only 7% of the licenses are returned!). If the driver loses the hearing then the 4 month suspension will go into effect and after a hard 30 days suspension a 5 month restricted license, driving to and from work, could be issued. Home > State By State Help > California DUI DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us



Massachusetts Drunk Driving Lawyer - MA DUI OUI DWI Defense Attorney - law Massachusetts Drunk Driving Lawyer Russell Matson's Massachusetts OUI law DUI DWI Defense Don't let your Massachusetts DUI Ruin Your Life Yes, there is a Massachusetts drunk driving attorney you can talk to, who understands what you want, who is interested in you and your business, who promptly returns your phone calls and emails, and who knows how to get results. You have found that attorney. Call my cell phone 24 hours (781) 964-4898. Click above to hear an audio message from Mass DUI Attorney Russ Matson. Search this Site NEWS: Sat, 12/31/05 : My Op/Ed piece should be in today's Quincy Patriot Ledger. Look for it! 12/27/05 : I was quoted in an article in the East Bay Newspapers/ Swansea News . 10/28/05 : Melanie's Law is signed, increasing a number of Massachusetts OUI penalties and creating some brand new OUI laws . Call me to figure out how this may affect your case Additional comments on Melanie's Bill /Law - specifically on the issue of proving multiple OUI offenses. 9/25/05 : I comment on Melanie's Law - proposed changes to Massachusetts Drunk Driving Laws. 7/28/05 : I am quoted in today's Boston Herald article on drunk driving defense lawyers. I am certified as a trainer on how to perform the same field sobriety tests the police use everyday. I will use this knowledge to defend your legal rights. If you've been stopped for an OUI, I've got inside information you need. Call me for a free consultation. There's no obligation. "Now that you've come into contact with the law, you've found out the dirty little secret. Anyone drinking and driving is subject to arrest, whether or not it was affecting their driving ability. But being arrested does not mean you will be convicted." Do Not Plead Guilty to Anything Before Reading This SURVIVAL INFORMATION Do not answer any questions other than name and address. Do not agree to perform roadside tests. Do not agree to blow into a handheld breath tester. Do not agree to any breath or blood test. BE POLITE. PRODUCE REQUESTED DOCUMENTS. Attorney Russell Matson is a recognized authority in the areas of Massachusetts Drunk Driving / DUI law, criminal law, motor vehicle law, registry and driver's license issues. Arrested for a DUI in MA? READ THIS PAGE FIRST : When you've been arrested for a Massachusetts OUI and you don't think it's fair, you need a lawyer who can protect your rights... [more] Ten Mistakes How to avoid the 10 biggest mistakes most people make after being arrested for DUI. Lawyer Mistakes The Top 9 Mistakes Lawyers Make in Drunk Driving Cases. . . And How To Avoid Them Massachusetts Drunk Driving Laws Mass put new OUI laws in effect on 10/28/05 (Melanie's Law). Make sure you and your lawyer understand the current MA DUI laws. Case Tips 50 Things YOU Need to Know about Your DUI Case that NO ONE is Telling You Attorney Fees . What you will be charged and methods of payment. Massachusetts OUI - Drugs - Operating Under the Influence of Drugs Charge Massachusetts OUI Courts. Information about the Courts that handle Massachusetts OUI cases in MA and Greater Boston MA OUI Court Pages . New ! Listen to Attorney Matson's DUI Podcast . Call anytime for a free consultation about any drunk driving / OUI legal issue. (781)964-4898. Massachusetts DUI laws FAQ Frequently Asked Questions about Massachusetts DUI laws 13 Reasons to Fight your DUI! Don't plead guilty before reading this. DUI Legal Challenges Here is how knowing Massachusetts DUI laws and investigating cases has helped previous clients in these sample cases. Police Mistakes Mistakes the police make . . . and how they can help you. What Can I Do to Save My License? Fight to save your license! Never risk driving with a suspended license. I will guarantee first offenders that I can help you get a limited hardship license . Click for details. What Happens After a Massachusetts DWI Arrest? There are usually both Motor Vehicle and Court Proceedings to which you must attend. Do not let your rights expire by inaction. Massachusetts Alcohol Education Classes MA DUI 1st & 2nd Offender Programs, BSAS Approved Providers Attorney Information My specific DUI expertise and contact info. Find a DWI DUI Drunk Driving Lawyer in your state. Resource Directory - Law Links DUI in the News Press contact info & press releases. Attorney Matson is available for his opinion on Massachusetts OUI laws. Other Criminal Defense needs Calculate Your BAC (Blood Alcohol Content) MA DUI Training Research - FST Manual & Resources Mass Traffic Ticket ? Help with MA traffic violations, criminal and civil. Contact Us - Submit your case information. Email Attorney Russ Matson at This site is a service of the law offices of Russell J. Matson. Massachusetts Criminal Defense Lawyer | Massachusetts Auto Accident Lawyer New Jersey Criminal Lawyer | Pennsylvania Criminal Lawyer 2001 BLS Drunk Driving websites-site design jim f esq . Maintenance & additional content 2005 RJM & Massachusetts Lawyer Marketing firm HSS . old External Links



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Arrest for Driving Under the Influence (DUI): General Information California Home DMV Home Page Online Services DMV Locations & Hours Publications Forms New Arrivals New to California? FAQs Site Map Title & Registration Information Vehicle Registration Boat Registration License and ID Card Information Driver License ID Cards Commercial License Vehicle Industry & Commercial Permits Special Plates Personalized Plates Disabled Placards Other Information Your DMV Records Other Services About DMV Contact Us Legal Notice and Disclaimer My CA This Site Arrest for Driving Under the Influence (DUI): General Information I've just been arrested for DUI. What happens now? At the time of my arrest, the officer confiscated my driver license. How do I get it back? The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document? The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me? How long will my driving privilege be suspended if I took the chemical test? Do I need a hearing to get a restricted driver license to go to and from work? The officer stated I refused to take a chemical test. What does this mean? How long will my driving privilege be suspended for not taking the chemical test? How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court? How can I find a Driving Under the Influence (DUI) Program as ordered by the court? I've just been arrested for DUI. What happens now? The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review. Back to Top of Page At the time of my arrest, the officer confiscated my driver license. How do I get it back? Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you. Back to Top of Page The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document? You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason. Back to Top of Page The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me? A hearing is your opportunity to show that the suspension or revocation is not justified. Back to Top of Page For how long will my driving privilege be suspended if I took the chemical test? If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more: A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year. Back to Top of Page Do I need a hearing to get a restricted license to go to and from work? No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office. Back to Top of Page The officer stated I refused to take a chemical test. What does this mean? You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or Both the blood or breath tests are not available, or You are a hemophiliac, or You are taking anticoagulant medication in conjunction with a heart condition. Back to Top of Page How long will my driving privilege be suspended for not taking the chemical test? If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation. If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation. Back to Top of Page How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court? The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed. Back to Top of Page © 2003 State of California. Conditions of Use Privacy Policy



Intoxicated Driving

Search Results - THOMAS (Library of Congress) The Library of Congress THOMAS Home Bills, Resolutions Search Results THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display GPO's PDF Display Congressional Record References Bill Summary & Status Printer Friendly Display - 13,810 bytes.[ Help ] Billno should always have and extension i.e. h1.ih Scott Gardner Act (Introduced in House) HR 3776 IH 109th CONGRESS 1st Session H. R. 3776 To improve sharing of immigration information among Federal, State, and local law enforcement officials, to improve State and local enforcement of immigration laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES September 14, 2005 Mrs. MYRICK (for herself and Mr. MCINTYRE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve sharing of immigration information among Federal, State, and local law enforcement officials, to improve State and local enforcement of immigration laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Scott Gardner Act'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Improved Federal sharing of immigration information. Sec. 3. State and local reporting of immigration information. Sec. 4. DWI and immigration information in the National Criminal Information Center. Sec. 5. State and local enforcement of Federal immigration laws. Sec. 6. Detention and deportation of aliens for driving while intoxicated (DWI). Sec. 7. Federal detention facilities. SEC. 2. IMPROVED FEDERAL SHARING OF IMMIGRATION INFORMATION. (a) In General- The Secretary of Homeland Security shall share with the Attorney General immigration information. (b) Improved Operation of Federal Immigration Databases- (1) REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary and the Attorney General shall jointly submit to Congress a report on improving performance of Federal immigration databases to ensure the prompt entry of immigration information into such databases. (2) COMPATIBILITY- Such report shall contain recommendations to improve the compatibility among Federal immigration databases in order to-- (A) improve data entry, including eliminating of data entry backlogs; (B) increase efficiency; and (C) increase accessibility of information to Federal, State, and local law enforcement agencies. (3) PROGRESS- Such report shall include information on the progress that has been made with respect to the elimination of data entry backlogs in such databases and any additional resources required to eliminate such backlogs. (c) Definitions- For purposes of this section and section 3: (1) The term `DWI' means driving while intoxicated and includes similar motor vehicle violations. (2) The term `Federal immigration database' means each of the following: (A) The database of the LESC insofar as it relates to immigration information. (B) The database of the NCIC insofar as it relates to immigration information. (C) Any other database containing immigration information identified by the Secretary of Homeland Security. (3) The term `immigration information' means information specified by the Secretary of Homeland Security, in consultation with the Attorney General, relating to immigration, including illegal immigration. (4) The term `LESC' means the Law Enforcement Support Center. (5) The term `NCIC' means the National Criminal Information Center. (6) The term `Secretary' means the Secretary of Homeland Security. SEC. 3. STATE AND LOCAL REPORTING OF IMMIGRATION INFORMATION. (a) Requirement- (1) IN GENERAL- Subject to subsection (c), the director of each State and local law enforcement agency shall collect and report to the Secretary such immigration and DWI information and collected in the course of the director's normal duties, and in such form and manner, as the Secretary may specify for entry into Federal immigration databases. (2) CONDITION OF RECEIPT OF SCAAP FUNDING- If the director of a State or local law enforcement agency does not collect and report information in accordance with paragraph (1), such State or local law enforcement agency shall be ineligible to receive funding under the State Criminal Alien Assistance Program under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)). (3) REPORT ON RESOURCES- Not later than 90 days after the date of the enactment of this Act, the Secretary and the Attorney General shall jointly submit to Congress a report on additional resources required by State and local law enforcement agencies to comply with the requirement of paragraph (1). (b) Promotion of Law Enforcement Support Center- The Secretary shall promote the use of the LESC to State and local law enforcement agencies. (c) Exemption From State and Local Reporting of Immigration Information- State and local law enforcement agencies are not required to collect and report immigration information relating to individuals who assist law enforcement agencies in the performance of their duties, including as an informant, witness or in other similar capacity. SEC. 4. DWI AND IMMIGRATION INFORMATION IN THE NATIONAL CRIMINAL INFORMATION CENTER. (a) Inclusion- DWI and immigration information in the NCIC-- (1) shall appear as a flag on the wants/warrants page of the NCIC; and (2) shall be timely and readily available to State and local law enforcement officers while they are in the course of their normal duties. (b) Mandatory Detention- A State or local law enforcement officer who finds a flag for a DWI and immigration violation of an alien on the wants/warrants page of the NCIC and who arrests the alien shall detain the alien in a State or local jail until the alien can be transferred to Federal custody. SEC. 5. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS. (a) In General- Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended-- (1) in paragraph (1), by striking `may' and inserting `shall' the first place it appears; (2) in paragraph (2), by adding at the end the following new sentence: `If such training is provided by a State or political subdivision of a State to an officer or employee of such State or political subdivision of a State, the cost of such training (including applicable cost of overtime) shall be reimbursed by the Secretary of Homeland Security.'; and (3) by striking paragraph (9) and redesignating paragraph (10) as paragraph (9). (b) Effective Dates- (1) REQUIREMENT FOR AGREEMENT- The amendments made by paragraphs (1) and (3) of subsection (a) shall take effect on such date (not later than 1 year after the date of the enactment of this Act) as the Secretary of Homeland Security shall specify. (2) PAYMENT FOR TRAINING COSTS- The amendment made by subsection (a)(2) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 6. DETENTION AND DEPORTATION OF ALIENS FOR DRIVING WHILE INTOXICATED (DWI). (a) In General- Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (C), by striking `or' at the end; (B) in subparagraph (D), by adding `or' at the end; and (C) by inserting after subparagraph (D) the following new subparagraph: `(E) is deportable on any grounds and is apprehended for driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security) by a State or local law enforcement officer covered under an agreement under section 287(g),'; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: `(e) Driving While Intoxicated- If a State or local law enforcement officer apprehends an individual for an offense described in subsection (c)(1)(E) and the officer has reasonable ground to believe that the individual is an alien-- `(1) the officer shall verify with the databases of the Federal Government, including the National Criminal Information Center and the Law Enforcement Support Center, whether the individual is an alien and whether such alien is unlawfully present in the United States; and `(2) if any such database-- `(A) indicates that the individual is an alien unlawfully present in the United States-- `(i) an officer covered under an agreement under section 287(g) is authorized to issue a Federal detainer to maintain the alien in custody in accordance with such agreement until the alien is convicted for such offense or the alien is transferred to Federal custody; `(ii) the officer is authorized to transport the alien to a location where the alien can be transferred to Federal custody and shall be removed from the United States in accordance with applicable law; and `(iii) the Secretary of Homeland Security shall reimburse the State and local law enforcement agencies involved for the costs of transporting aliens when such transportation is not done in the course of their normal duties; or `(B) indicates that the individual is an alien but is not unlawfully present in the United States, the officer shall take the alien into custody for such offense in accordance with State law and shall promptly notify the Secretary of Homeland Security of such apprehension and maintain the alien in custody pending a determination by the Secretary with respect to any action to be taken by the Secretary against such alien.'. (b) Deportation for DWI- (1) IN GENERAL- Section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following new subparagraph: `(F) DRIVING WHILE INTOXICATED- Any alien who is convicted of driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security), or who refuses in violation of State law to submit to a Breathalyzer test or other test for the purpose of determining blood alcohol content is deportable and shall be deported.'. (2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to violations or refusals occurring after the date of the enactment of this Act. (c) Sharing of Information by Motor Vehicle Administrators Regarding DWI Convictions and Refusals- Each State motor vehicle administrator shall-- (1) share with the Secretary of Homeland Security information relating to any alien who has a conviction or refusal described in section 237(a)(2)(F) of the Immigration and Nationality Act; (2) share such information with other State motor vehicle administrators through the Drivers License Agreement of the American Association of Motor Vehicle Administrators; and (3) enter such information into the NCIC in a timely manner. SEC. 7. FEDERAL DETENTION FACILITIES. (a) Report on Current Allocation Formula; Recommendations for Stop-Gap Measures- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report describing the formula for allocation of Federal detention facilities for aliens under section 241(g) of the Immigration and Nationality Act (8 U.S.C. 1231(g)). The Secretary shall include in such report recommendations for measures for the temporary expansion of State and local jails to detain increased numbers of illegal aliens pending construction or expansion of Federal detention facilities. (b) New Construction in High Concentration Areas- In accordance with such section, the Secretary shall ensure that, to the greatest extent practicable, construction of new detention facilities is undertaken in or near areas in which the Secretary has determined that there is a high concentration of illegal aliens. (c) Authorization of Appropriations- There are authorized to be appropriated such sums as necessary to carry out this section. THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display THOMAS Home | Contact | Accessibility | Legal | FirstGov



DUI Insurance

Washington DC DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Washington DC Topics Washington DC DUI Washington DC Car Insurance Washington DC DUI Lawyers Google Search Results Washington DC Auto Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Washington DC DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us



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