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MrsKellyBride
Mommy of 3!
Member since 8/06 1617 total posts
Name:
Kelly
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Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
So yesterday I was pulled over. The last time I was pulled over was when I was 19 and I am 34. My license is clean. I was driving on sunrise in the middle lane and signaled to the right b/c my exit was approaching. The police pulls up behind me and pulls me over. The police officer said I was goin 86...wtf!!!!
I swear on everything maybe I was going 70 at most! I have a min van and have never driven that fast in my life. He said he has me on laser and direct observation. I was hysterical. So now I have a ticket for 31 mph over the spped limit. This is 6-8 points and a hefty fine. I am devastated! I swear I was not driving that fast.
So now, I think I have to hire a lawyer. Does anyone know a traffic lawyer? Has anyone been in a situation where they were wrongly accused of speeding? I have 48 hours to plead Not Gulity and any help is greatly appreciated!
Message edited 11/5/2013 10:02:06 AM.
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Posted 11/5/13 10:01 AM  |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
You may have to hire a lawyer.
A few things to question (that I've read before)
What was the reading on the radar detector?
When was it last calibrated?
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| Posted 11/5/13 10:04 AM |
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ANewDayHasCome
Love multiplies, not divides
Member since 11/12 14481 total posts
Name:
Me
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Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
My family friend is a traffic lawyer. I haven't had to use him but he's supposedly really good. Fm me if you want his info and I can get it.
He has been in the Wall Street journal, other news programs.
Lawyer
Message edited 11/5/2013 10:43:52 AM.
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| Posted 11/5/13 10:37 AM |
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ANewDayHasCome
Love multiplies, not divides
Member since 11/12 14481 total posts
Name:
Me
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Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
He also could have clocked a car around you and not yours.
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| Posted 11/5/13 10:38 AM |
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ThePinkGoose
In Your Hands
Member since 8/08 4706 total posts
Name:
Nunya
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Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Is it really worth getting a lawyer? I would just plead not guilty and go to court, plead it down to a lesser. I'm sorry that happened, I hope it works out for you.
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| Posted 11/5/13 10:46 AM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Posted by MrsKellyBride
So yesterday I was pulled over. The last time I was pulled over was when I was 19 and I am 34. My license is clean. I was driving on sunrise in the middle lane and signaled to the right b/c my exit was approaching. The police pulls up behind me and pulls me over. The police officer said I was goin 86...wtf!!!!
I swear on everything maybe I was going 70 at most! I have a min van and have never driven that fast in my life. He said he has me on laser and direct observation. I was hysterical. So now I have a ticket for 31 mph over the spped limit. This is 6-8 points and a hefty fine. I am devastated! I swear I was not driving that fast.
So now, I think I have to hire a lawyer. Does anyone know a traffic lawyer? Has anyone been in a situation where they were wrongly accused of speeding? I have 48 hours to plead Not Gulity and any help is greatly appreciated!
What town was this in? DO NOT HIRE A LAWYER... that would be a waste of money. Plead not guilty, submit it. If it is anywhere in Nassau or Suffolk, the judge WILL reduce it, likely to a 2-3 point charge and a lesser fine. For 2-3 points, you can get those removed with a defensive driving course, and they only remain on your license for a period of 1 year (if I remember correctly). My mother is the court clerk for Valley Stream, trust me, it's not worth paying a lawyer for.
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| Posted 11/5/13 10:55 AM |
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angnick
Life is So Wonderful!
Member since 8/06 6663 total posts
Name:
Angela
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
I would show up to court, plead not guilty and get it down. not worth the lawyer.
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| Posted 11/5/13 11:02 AM |
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halfbaked
LIF Adult
Member since 8/12 6937 total posts
Name:
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Posted by jessnbrian
Posted by MrsKellyBride
So yesterday I was pulled over. The last time I was pulled over was when I was 19 and I am 34. My license is clean. I was driving on sunrise in the middle lane and signaled to the right b/c my exit was approaching. The police pulls up behind me and pulls me over. The police officer said I was goin 86...wtf!!!!
I swear on everything maybe I was going 70 at most! I have a min van and have never driven that fast in my life. He said he has me on laser and direct observation. I was hysterical. So now I have a ticket for 31 mph over the spped limit. This is 6-8 points and a hefty fine. I am devastated! I swear I was not driving that fast.
So now, I think I have to hire a lawyer. Does anyone know a traffic lawyer? Has anyone been in a situation where they were wrongly accused of speeding? I have 48 hours to plead Not Gulity and any help is greatly appreciated!
What town was this in? DO NOT HIRE A LAWYER... that would be a waste of money. Plead not guilty, submit it. If it is anywhere in Nassau or Suffolk, the judge WILL reduce it, likely to a 2-3 point charge and a lesser fine. For 2-3 points, you can get those removed with a defensive driving course, and they only remain on your license for a period of 1 year (if I remember correctly). My mother is the court clerk for Valley Stream, trust me, it's not worth paying a lawyer for.
That sounds like the best course of action. If it weren't for the points, I'd let it go entirely. Good luck!!!
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| Posted 11/5/13 11:35 AM |
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bpmom
Feeling Blessed
Member since 6/07 2963 total posts
Name:
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
I see why the OP is so upset though -- if she got a ticket going 70 in a 55 and showed up to traffic court, it would most likely be lessened and it would mean fewer points on her license. But to talk in there being accused of going 86 when she swears she was going 70 at most -- that's tough to take. They may lessen the 86 down to 70 and then she's being given a "gift" of those 16mph -- when she could be charged with 60 in a 55, KWIM?
I wouldn't hire a lawyer, but I would fight it as much as I could - can you get a report from your insurance about your clean driving record (not sure if that's possible?) but definitely mention that you haven't even been pulled over in 15 years.
Also, it's worth it to ask about the calibration/service records of his radar unit. A family friend's wife did this one time on the LIE with a group of us in the car (a mini-van). The cop said we were going 84mph, and the wife was appalled that he'd accused her DH of going that fast. She had looked over at the speedometer and saw it was less than 75 (still illegal but not 84!). We couldn't believe she was questioning him, and he asked her to step out of the car -- she said she would get out of the car only if he could prove the radar said 84 and show her the calibration records of the unit. Apparently the unit was out of service, only read "EEEEE" for errors when he showed it to her. Five min later she came back smiling, and he apologized saying he was out of luck for the day - no ticket for anybody. 
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| Posted 11/5/13 11:47 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54917 total posts
Name:
..being a mommy and being a wife!
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
I agree- no lawyer.
DH is a cop and he said lawyers in traffic court were the biggest waste of money.
It's all about the cop's testimony.
He said lawyers rarely ever made a difference.
Just go and plead not guilty, state your case, and see what they can do.
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| Posted 11/5/13 11:47 AM |
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Katareen
5,000 Posts!
Member since 4/10 7179 total posts
Name:
Katherine
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Posted by ThePinkGoose
Is it really worth getting a lawyer? I would just plead not guilty and go to court, plead it down to a lesser. I'm sorry that happened, I hope it works out for you.
I agree. They only want your money anyway. You'll get a fine, but likely very few or no points.
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| Posted 11/5/13 12:13 PM |
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METLove2008
LIF Adolescent
Member since 5/08 541 total posts
Name:
Ellie
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
FWIW I think you def need a lawyer. I had a clean license and I got a ticket for doing 78 on the LIE (suffolk county). I plead not guilty cause I was trying to get around a dump truck that had stuff falling out of it. Something hit my car and chipped my windshield. I had pictures and witnesses. Long story short, went to court and the judge wouldn't drop it down. Got 6 points on my license, had to pay a big fine and an additional $300 assessment fee 
The judge didn't even give me a chance to explain anything  I wish I had hired an attorney.
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| Posted 11/5/13 12:31 PM |
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ElizaRags35
My 2 Girls
Member since 2/09 20494 total posts
Name:
Me
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Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
DH is bringing an attorney to his pre-trial conference for a cell phone ticket when he wasn't even on his cell. However, I work with the attorney and she's doing it for free. I know he doesn't need to bring one but I've heard that Suffolk is very difficult to negotiate with.
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| Posted 11/5/13 1:05 PM |
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soontobemommy
LIF Adolescent
Member since 1/07 540 total posts
Name:
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
I will also say that people have mentioned you will get it reduced to no points. That is HIGHLY unlikely when you are being charged with going 30+ miles over the speed limit. If you are going to try to plea it down, they will not allow you to argue that you were not actually going at that speed. Those arguments would come in if you chose to plead not guilty and go to trial. If you try to plea it down you would ultimately have to plead guilty to whatever reduced charge that the prosecutor offers you.
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| Posted 11/5/13 1:09 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Posted by soontobemommy
I will also say that people have mentioned you will get it reduced to no points. That is HIGHLY unlikely when you are being charged with going 30+ miles over the speed limit. If you are going to try to plea it down, they will not allow you to argue that you were not actually going at that speed. Those arguments would come in if you chose to plead not guilty and go to trial. If you try to plea it down you would ultimately have to plead guilty to whatever reduced charge that the prosecutor offers you.
In order to "plead it down" you HAVE to go to court, you cannot plead "guilty" and plea it down, you HAVE TO PLEAD NOT GUILTY AND GO TO COURT.
Any judge will tell you that it is a matter of the officer's word versus yours, regardless of whether you have an attorney present or not. It all depends on the court, however, after pleading not guilty and having your "plea deal" conversation with the pretrial lawyer, you can decide to accept or still plead not guilty and proceed to trial - all your decision... often this is all done at once, you are there, your name gets called, you go speak with the attorney, they make their offer, you accept or you don't. Having an attorney there for yourself REALLY doesn't make any difference, it all comes down (again) to your word versus the officer's.
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| Posted 11/5/13 1:20 PM |
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Mill188
LIF Adult
Member since 3/09 3072 total posts
Name:
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Before Suffolk County had the new traffic violations bureau, there were ZERO pleas in Suffolk County. You were either guilty or not - no lesser charges. I don't know what the TVB is doing now.
For a ticket that much over the speed limit, I would absolutely get a lawyer. You will be charged with 6-8 points. Your insurance will go DRASTICALLY. In addition, you will have to pay the special assessment to the DMV for the next 3 years.
For a smaller ticket, I would agree that a lawyer is a waste, but not for one this big.
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| Posted 11/5/13 1:22 PM |
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ElizaRags35
My 2 Girls
Member since 2/09 20494 total posts
Name:
Me
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Posted by Mill188
Before Suffolk County had the new traffic violations bureau, there were ZERO pleas in Suffolk County. You were either guilty or not - no lesser charges. I don't know what the TVB is doing now.
DH just got a notice for a pre-trial conference with a prosecutor. Basically they will discuss what happened and see if they can come to an agreement. THen the agreement will be presented before a judge and if the judge ok's it, then it's over. If not, then it goes to trial.
Message edited 11/5/2013 1:27:02 PM.
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| Posted 11/5/13 1:26 PM |
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Pomegranate5
LIF Adult
Member since 2/11 4798 total posts
Name:
Pomegranate5
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
I edited my response because I only had experience with Suffolk County from a few years ago. I didn't know it had changed. before they changed it they did not plead people down, but I guess that has changed.
Hopefully they are willing to work with you.
Message edited 11/5/2013 1:39:15 PM.
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| Posted 11/5/13 1:36 PM |
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MrsSpring
I'm a lucky mama
Member since 1/10 7585 total posts
Name:
L
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
If this was in suffolk....
ive been to the new traffic violation agency in suffolk 2 times already-one was for me and just last week for dh for an equipment ticket.
my ticket was transferred from the old court because the cop didnt show up but i was given another day.
my ticket was a visual violation (also on sunrise) 80 in 55. I wasnt going 80. it was a 6pt ticket and they offered me 2 with a 280 fine. from what i could hear they were giving 6 pt tickets for 2 or 3 points.
Im assuming they give pre conference too for your ticket. It seemed to me the looked to lower the points for more $$. One lady told me they offered her from 2 points to zero points for 480 fine.
Def plead not guilty. See what happens.
If you have any questions about the new TVA fm me like i said ive been there and know the routine.
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| Posted 11/5/13 1:50 PM |
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MrsM-6-7-08
<3
Member since 8/06 4249 total posts
Name:
Nicole
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Posted by METLove2008
FWIW I think you def need a lawyer. I had a clean license and I got a ticket for doing 78 on the LIE (suffolk county). I plead not guilty cause I was trying to get around a dump truck that had stuff falling out of it. Something hit my car and chipped my windshield. I had pictures and witnesses. Long story short, went to court and the judge wouldn't drop it down. Got 6 points on my license, had to pay a big fine and an additional $300 assessment fee
The judge didn't even give me a chance to explain anything I wish I had hired an attorney.
I 100% would get a lawyer, someone that works in the area where the court is.
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| Posted 11/5/13 2:13 PM |
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ny55angel
car seat tech & geek :-)
Member since 2/06 4346 total posts
Name:
P
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Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Plea nit guilty and request the supporting deposition. Send it to the court certified, return receipt tomorrow. Personally I wouldn't hire a lawyer. I would go to the conference and see what they offer you. If you aren't satisfied with their offer you can ask for a postponement because you want to hire an attorney.
Whatever you do don't say you were doing 70 not 86.
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| Posted 11/5/13 2:25 PM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
I am a prosecutor in one of the village courts. For what it is worth, I don't think you should get a lawyer.
You are charged with an 8 point speeding violation. Regardless of whether you are represented by a lawyer, I would offer you a 4 point speed violation. I might go lower if you have a really good story/excuse/whatever (3 pts, or in really extenuating circumstances, 2 pts). But NOT b/c you have a lawyer; purely based on what you have to say.
Suffolk did not used to take pleas, but now they do.
My best advice is to plead not guilty, show up to court, be really polite and ask nicely if the prosecutor would consider giving you a no point parking violation, or if not, a 2 point failure to obey a traffic control device.
As a PP said, you can then take a defensive driving class to get rid of the points and get an insurance reduction. Don't take the class until the points have hit your license though.
Remember that your excuse-- that you were speeding, but not as fast as the PO said, is not a very good excuse. 25 mph over the speed limit is still a 6 point violation...
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| Posted 11/5/13 2:32 PM |
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Domino
Always My Miracle
Member since 9/05 9922 total posts
Name:
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
I edited too...didnt know suffolk pleads down now..
Message edited 11/5/2013 2:56:14 PM.
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| Posted 11/5/13 2:54 PM |
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JennZ
MY LIFE!!
Member since 8/05 25463 total posts
Name:
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
Posted by ThePinkGoose
Is it really worth getting a lawyer? I would just plead not guilty and go to court, plead it down to a lesser. I'm sorry that happened, I hope it works out for you.
This! A lawyer will cost you more than the ticket. And its your word -vs- his. Pay it.
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| Posted 11/5/13 2:57 PM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
Name:
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Re: Advice needed - regarding a speeding ticket when I really wasn't going as fast as police said!!!
I hired a lawyer for about $400 to plead a speeding ticket (82 in a 55) down to a parking ticket. No points. My insurance company never knew about it.
Maybe I could've gotten it down myself but I didn't want to risk it on my insurance.
Correct me if I'm wrong, but I believe when you have points on your license you have to pay a fee every year to the state till they come off.
Also...did you get the Supporting Deposition with the ticket? If not. Request it. If you don't get by the time you go to court. It gets thrown out.
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| Posted 11/5/13 3:04 PM |
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