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The Criminal Attorney For The Defense Protects The Constitution

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The Criminal Attorney For The Defense protects the constitution. This might surprise you but the criminal lawyer deserves respect for upholding the constitution. The constitution states that everyone charged with a crime is to have legal representation in the criminal proceeding.

Some countries do not recognize this right and convict people without a trial. But this country stands for basic principles of justice. The right to a lawyer should never be taken for granted. It is the duty of the attorney for the defense to make sure his client’s rights are upheld. When someone is charged with a crime one of the basic rights he or she has is to not talk until his or her lawyer is present. This is because the person does not have enough knowledge of the law to know that what he says might affect his case. The attorney is the objective person to make sure the accused is fairly charged and fairly convicted if he is guilty of the crime.

The government must adhere to all the laws of evidence and of criminal procedure. The government must follow the rules of due process. The government is charging the person, bringing the action against, who is on trial. They need to be held to the standard of law.

There is also the right to plead guilty without having a trial. This is usually the case if their is a plea bargain involved.

If the case is so compelling for conviction then the defendant has the right to plead guilty so he will have the chance of a lessor sentence. The plea bargain happens when the defense lawyer meets with the prosecution to get him to agree to a lessor sentence than his client would get if his client went to trial.

The defense attorney is also negotiator. He will bring up all the arguments in his client’s favor. Perhaps his client has a clean record up to that point. He will say that his client messed up and will not do this again.

He might say that his client is willing to take any counseling the prosecution suggests or that he will do community service.

The purpose of the criminal attorney is to represent his client as zealously as he or she can. This is in fact the attorney’s duty. Part of the zealous representation is to get the best plea bargain he can.

But the prosecution might not agree to a lessor sentence and so the case goes to trial. The criminal lawyer then is responsible not to misrepresent his client but to make sure the government proves their case. He does not lie about his client or the charge but he makes sure the government is also honest in their case.

The prosecution has the burden of proof. The client is innocent until proven guilty. This means the criminal lawyer need only try to disprove the government charge. He does not have to prove the innocence of his client.

Some have a poor opinion of the defense criminal attorney. The Criminal Attorney For The Defense protects the constitution. We must appreciate his job and his role in our judicial system.

A criminal lawyer gives legal advice when being charged with a crime. These criminal lawyer Toronto can also assist in handling drinking and driving cases.

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Written by Adriana Noton

April 8th, 2010 at 2:35 am

Benefits Of A Car Insurance Quote For New Driver In Canada

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When it comes to driving on the roads of Canada everyone needs to hold a certain amount of car insurance. It is vital to receive a car insurance quote for new driver in Canada for a number of reasons. Check out these top advantages of insurance quotes and car insurance coverage that anyone can receive!

If you do not want to get into any trouble with the law then you will need to carry around car insurance. Canada government has set up a number of requirements that are required for all new drivers. Make sure that you know which requirements that you need to meet so that you can start driving on the roads immediately.

In order to save as much money as possible and get the right coverage for our car and budget, you will need to start the quote process. Take the time to get online and find out who your major competitors are. From there you can apply with each of them to start the comparison price and have all of your initial questions asked.

Getting a car insurance quote for new driver in Canada will also plug you into cheap premiums. Every company that you talk to will give you a 6 month premium that is comes with a couple different payment options. You can pay the premium up front and have coverage for a solid 6 months, or you can pay on a monthly basis. Make sure to go with what you can afford at one time.

Those drivers with bad credit need to use quotes in order to save money on their overall down payment. Look for a company that does not ask for a lot of money and still gives you a good amount of insurance. If you have a pristine driving record, you should be able to save a lot of money despite what your credit report says.

Look into other features that you can receive with your coverage policy. When you look over a car insurance quote for new driver in Canada find out about rental car coverage and even medical expenses. In the event of an accident you will still be able to get around town and get all of your work done while your damaged car is being fixed up.

All features and coverage options are designed to keep you safe at all times. When driving, you will need to carry around the insurance cards with you so that you are safe in the event of an accident or traffic stop. Passengers that drive along with you will also be safe, given that you have the right amount of coverage.

Now is the best time to get a car insurance quote for new driver in Canada. If you want to enjoy your new car and save tons of money you need to start the insurance quote process right now. Within an hour you could have what you need to drive your brand new car! the sooner you get started online, the sooner you can start enjoying the open road!

This reliable car insurance dealership offers competitive rates along with exceptional customer service, thus providing the best valued car insurance in Ontario. You are guaranteed a safe driving experience by entrusting us with your auto insurance needs.

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Written by Adriana Noton

March 11th, 2010 at 4:09 am

Appraisal Umpire Can Be The Only Chance To Resolve An Insurance Claim Dispute

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Disputes, especially when it comes to settling insurance claims, are not new scenarios. In fact, they take place every day. Just what causes these disputes? Well, one of the obvious reasons is most policyholders believe that they deserve to be paid a larger settlement than what they have received. Second, many insurance companies are trying to pay as little as possible on a claim. And third, claims are sometimes denied. All of which can result in a dispute.

There are several ways one can deal with an insurance loss. For one, an aggressive approach, which we do not encourage. Overwhelming aggression can cause further delays. In most cases disputes and disagreements can be settled easier with a peaceful, civilized manner. After all, people are allowed to disagree. It shouldn’t cause a fight. There really are several options that are more peaceful and productive. The approach used will depend on the level of the insurance claim dispute a policyholder is involved with.

Some claims reach an impasse and there is no way the two parties can resolve the dispute themselves. In such a situation, it’s recommended to first obtain the name and number of the adjuster’s manager. This can be obtained by simply calling the company directly or asking your adjuster for this information. Call and speak with the manager and/or the company’s complaint department. Notify them of your problem and situation. In some cases they may be able to assist you right away. If they agree with your argument they will usually advise your adjuster to do what you’re asking for. Policyholders can also request a “reinspection” of the property damages. A reinspection will be conducted by a different adjuster or supervisor. It’s recommended to request that a “General Adjuster” be the other person to reinspect the claim damage. General Adjusters usually have 15+ years experience in insurance claim damages. Their knowledge may assist you in receiving a fair settlement. It is also recommended to obtain the name and extension of anyone you speak with from the complaint department as well.

If you have a dispute about repairing a structure that has suffered a large loss, you can hire an engineer to provide an analysis report of the damages. If the result still has not satisfied you there you should file a complaint at Department Of Insurance in the state you live in.

However, if you still feel that you have not been given a satisfying solution to your insurance loss problems you can call (919) 669-9111 which is a consumer information hotline that can answer questions related to insurance loss claims that are a result of fire, water, flood, smoke, wind, hail, tornado, and hurricanes. They have trained personnel that are available to assist and answer queries relating to various property damage complaints.

Nevertheless, if you still feel that after you have applied all the above-mentioned options and you still believe you have not been provided a fair insurance settlement, you can always turn to a clause buried in your policy called APPRAISAL. The Insurance Appraisal Clause allows each party of a dispute to settle the differences out of court. It’s similar to an arbitration. (For a complete explanation of the Insurance Appraisal Clause by visiting What Is The Insurance Appraisal Clause).

This appraisal clause calls for an impartial, competent, and unbiased Appraisal Umpire that works with two independent appraisers. The three get together to review and settle the differences between the estimates and damages. The Appraisal Umpire is the tie-breaker that allows policyholders to obtain a fair claim settlement. Being that the Appraisal Umpire has absolutely no interest in the outcome of the dispute, it concludes with a decision based solely on the facts presented to them.

(C) Joseph Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE - Ph: 919-669-9111 . Get Appraisal Umpire Help, by visiting http://www.insuranceclaimsgroup.com or http://www.insuranceappraisalumpire.com

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The Right Car Insurance Deductible Will Incise Your Budget

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Trying to settle on the right auto insurance can be challenging for someone that is not used to shopping around for insurance. Falling in love with a low premium can be a dangerous thing when the deductible means that the bank account will be drained if the insurance is ever needed. It is important to choose a car insurance deductible that is just as affordable as the monthly premium.

The car insurance deductible is the amount of money that the car insurance policy holder is liable for if the policy is needed. People on tight budgets will sometimes try and save a little each month, but when it is time to use the policy, they cannot afford to cover the large deductible that is required in order to get their car fixed. All of a sudden, the policy becomes useless to them.

For the most part, policies will be listed directly on insurance websites. All of the details may not be listed, but there will be plenty of information to narrow down the choices. Restrictions on what they cover and what the deductibles are should be readily available. Just be careful to make sure that as the choices are getting narrowed down, that the deductible that goes with the premium can be covered.

When shopping around, the money that the insured can afford to pay each month is of vital importance. Many people will set aside a slush fund that they will only use for their car. This is a great idea because it allows the individual to know exactly what kind of a deductible that they can afford. For instance, if the insured has $1,500 in the bank specifically for car repairs, they can search for all policies that have a deductible of $1,500 or less.

Trying to crunch all of these numbers is not as difficult as it seems. The insurance companies will try and make it as easy as possible by having deductible calculators on their sites. The shopper can put in the amount of money that they can afford to pay each month or each year and the site will begin to show the policies that fall into that range.

It is so much easier today to find the right policies because of the Internet. The shopper can go from site to site and match up the different policies or they can go to all-in-one sites that will allow the shopper to get an email with the different policies that several of the sites offer. All of this makes finding the right policy much easier than it was as little as 5 years ago.

If this is still a bit much to try and figure out, get the help that is available right from the website. Many of them will have a live chat that the user can use to talk to a representative about the different policies. If this is not available, give them a call or use the email that is supplied to get a quick response.

Shopping for car insurance can be a chore, but knowing what car insurance deductible is affordable is a great starting point. This will get the shopper started in the right direction and will not waste any time looking at policies that are simply not realistic. Remember, the more that can be covered out of pocket means the lower the policy monthly premium will be. For those with a good driving record, this can be a huge money saver.

Road assistance Ontario is absolutely essential to achieve a peace of mind. By joining a membership, you will experience benefits such as Ontario car insurance. Now you can enjoy your trip with no worries! For more details about auto insurance, please visit us.

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Written by Adriana Noton

February 3rd, 2010 at 5:43 am

Consequences Of Driving Under The Influence In Missouri

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Driving while intoxicated is a crime that is frowned upon in every state- but it is particularly punished in Missouri. One will find little sympathy when convicted, and if one is lucky, learning from such a foolish mistake is possible through the classes and fines paid in restitution.

Some seem to think that a first conviction of a DWI isn’t serious- which is why many first-timers claim they did not think twice before getting in a vehicle while intoxicated. The truth is that laws in Missouri are very strict, and politicians are coming down hard on the offenders. One can expect heavy fines, potential jail time, and mandatory community service for the offender caught driving while drunk.

Prior offenders are known as those who have been convicted before. A prior offender will have a minimum five-day sentence in jail. Often with a good lawyer, this sentence can be exchanged for thirty days of community service to help out local organizations. Offenders will likely need to install an interlock device on the vehicle to prevent further mishaps.

Getting a third DWI proves that the legal system has failed. After the third arrest, a DWI offender will more than likely be put into jail and receive an extended probation. Fines can total to a large amount, which can put the possibility of getting the license back slim during the near future. Criminal background checks will pick up the three DWI convictions.

Classes are required to be taken if you have been convicted of a DUI in Missouri. Classes go through the basics of why driving with even one drink in your system can be fatal. In-class workshops and learning material will be worked through by a teacher for a minimum of two consecutive days- often spanning an entire weekend. It’s not pleasant by any means, but is required if you hope to get your license back in Missouri.

As an offender, you must file for SR-22 insurance. This type of insurance will recognize that you are a high risk driver. You will have to pay for a filing fee and also be subject to higher fees each month. Some insurance companies will not continue issuing insurance to those who get a DWI, while others will simply jack up the price each month to cover their risks in insuring your vehicle.

Closing Comments

Getting a DWI is not the end of the world; try not to feel depressed about getting one. Instead, use the experience as a reason to better yourself and speak out against the vile act among friends. It’s a dangerous act that can hurt your loved ones.

Learn more on Car Accident Legal Settlements and Truck Accident Lawyers.

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Written by Chris Channing

January 5th, 2010 at 3:26 am

North Carolina Lemon Law Can Help You Get Relief Form Defective Vehicle

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To understand why the North Carolina lemon law was created, you must understand how the law worked before its inception. Before the lemon law was enacted, auto owners with auto problems were forced to seek redress of their claims with large automobile manufacturers. Seeing a problem with the disparity of the parties, the North Carolina Legislature developed the lemon law, which created the right for an automobile purchaser to bring a lemon law case against an automobile maker.

The North Carolina Lemon Law applies to cars that were purchased or leased in North Carolina. The lemon law covers new cars, which ironically are cars that are sold as new. The types of cars the lemon law covers are new passenger cars, pick-ups and motorcycles purchased in North Carolina. The lemon law covers most vans as well.

The North Carolina Lemon Law, also known as the New Motor Vehicles Warranties Act requires manufacturers to repair defects that affect the use, value, or safety of a new motor vehicle within the first 24 months or 24,000 miles of ownership. Under the Lemon law, it is presumed that a reasonable number of attempts have been undertaken and the motor vehicle is a lemon and cannot conform to the applicable express warranties if:

The purchaser has had the automobile in the dealership four (4) or more times for the same concern and the concern continues to exist; or

The vehicle was out of service to the consumer during or while awaiting repair of the nonconformity or a series of nonconformities for a cumulative total of 20 or more business days during any 12-month period of the warranty. For the presumption to be effective, the North Carolina Lemon Law requires written notice of the non conformity be provided to the manufacturer before the lemon law can be triggered. It is very important that you follow the written notice requirements of the law.

There are two ways a car owner can be compensated under the lemon law. In fact, the car owner gets to make a choice whether they wish to have a full refund or if they would rather get a replacement car. The law requires the carmaker to replace the car with a similar new car or take the car back and issue the owner a refund.

The refund to the consumer shall be reduced by a reasonable allowance for the consumer’s use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer prior to his first report of the nonconformity to the manufacturer, its agent, or its authorized dealer, and during any subsequent period when the vehicle is not out of service because of repair. “Reasonable allowance” is presumed to be the cash price or the lease price, as the case may be, of the vehicle multiplied by a fraction having as its denominator 100,000 miles and its numerator the number of miles attributed to the consumer.

Time is of the essence in a lemon law case. The longer you wait to do something the worse your case may get. Therefore, if you think your car is a lemon under the North Carolina lemon law, you must find a lemon law attorney right away. The lemon law is a great tool for purchasers of lemons, but it also contains landmines that can hurt your case if you do not follow the law to a t. Dont fret, the best part of the lemon law is the part that makes the manufacturer pay the attorney fees for your attorney if your car is a lemon.

If you need a North Carolina Lemon Law attorney follow the link here for help. North Carolina Lemon Law Attroney

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Written by Jim Johnson

October 19th, 2009 at 3:13 am

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San Antonio Auto Accident Attorney- Important Guidance for Car Accident Victims

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As soon as you’ve been the victim of a car accident, a San Antonio auto accident lawyer can be the rescuer that you’ve been looking for. You don’t have to settle for insurance payouts or not being paid the monetary compensation that you deserve. If you’re seeking to battle a traffic accident in court, you must hire a competent professional and be ready. Here are a number of tips to keep in mind along the path.

Being involved in an auto accident is never a blameless experience. No matter what you do or how fiercely you try, things won’t always operate your way. When criminal fault, uninsured motorists, or damages outside wisdom occur, you must be organized and willing to fight to get what you deserve. If you’ve been the victim of a auto accident, it is detrimental to reach out a San Antonio auto accident lawyer right away. In the meantime, these are some items that you should to keep in mind to make sure that you have the most solid case when it comes time to fight:

-Stay in your car after the accident unless you are sure that you are not injured. Doing this can compromise your argument if you discover later that you were injured. The defending party can easily cite that you got out of the vehicle on your own accord, and you could compromise the possibility to get awarded compensation for your injuries.

-Speak to the police. Do not attempt contact with the other person until law enforcement arrives. This can conceive a he said/she said situation where no one will win because no one knows what really happened. Deal with the law enforcement officers only, or speak to the other party only in front of them.

-If you are not at fault and being mindful that the motorist that hit you is uninsured, make sure that the police record this in the accident report and that you report it to your auto insurance company. Afterward, when you go to fight for settlement for your own insurance claim filed under uninsured motorist claims, you’ll have all the evidence that you need to win in your favor.

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Written by Jed Totus

September 29th, 2009 at 2:24 am

How To Make A Special Reasons Argument

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If you have been accused of a motoring offence, then you will need to quickly prepare a defence before you get charged. Many areas of the law are almost open to interpretation and so the accusing side must complete every stage of the process correctly or it is likely that you will have grounds to contest the claim.

A Special Reasons argument can be used to try to persuade the Magistrates, after giving evidence on oath, that it would not be appropriate in the circumstances to impose the penalty points. Special Reasons arguments are normally used in relation to avoiding bans in drink driving cases but, they can be used to avoid penalty points in relation to any of the endorsable offences.

When you argue Special Reasons, you have to give evidence under oath in order to persuade the Magistrates that in the circumstances, it would not be fair to put any points on your licence. The most common ground put forward is that the offence was committed in the context of an emergency, for example if you were rushing somebody to casualty and you went through a red traffic light or exceeded the speed limit.

If the Magistrates find that there were Special Reasons in relation to your case, then they will not put any points on your licence. There is no set list as to what amounts to a Special Reason but, in order to fulfil the criteria, the Special Reasons you put forward must be: -

1. A mitigating or extenuating circumstance

2. It must not constitute a legal defence to the allegation

3. It must be directly related to the offence in question

4. It must be something appropriate that the Court ought to take into consideration when deciding what punishment to impose.

You will find information about the Special Reasons argument and its guidelines in section 34 of the Road Traffic Offenders Act of 1988.

For more information about driving without due care and attention and for free legal motoring advice, visit pattersonlaw.co.uk

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Written by Johann Ken Flanders

September 19th, 2009 at 4:26 am

Being Intoxicated When Driving

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If you have a couple drinks after work with your co-workers, you might be dismayed to find yourself charged with a DWI or Driving While Intoxicated, even though you don’t feel you’re impaired. Many states have tightened up the DWI Laws under the pressure of groups like MADD, (Mothers Against Drunk Drivers) and found a way to make additional revenue to boost the coffers.

Drunk drivers are involved in more fatal accidents, so states don’t make much difference in treatment of those that have a couple drinks after work and those that are alcoholics that down a twelve pack every night after work. You will both have to pay an attorney the same costs and you are both subject to the same penalties, jail time and fines, especially on first offenses.

After the BAC was lowered in most states to 0.08%, people who owned bars saw business drastically decline. This is because that level is for most people equal to only two beers in just an hour or less. The legal fees associated with drunk driving can be quite a lot and that is without adding the expenses associated with the mandatory SATOP course. That alone can be a couple hundred dollars and then there is also the required administrative suspending of your driver’s license. This is for a minimum of thirty days and that is only what comes before you have your day in court and are found guilty.

Even though alcohol is legal and you can buy it if you are old enough, you still will have to suffer tougher consequences for drinking than you would for another substance like marijuana. You will also have higher defense costs than a drug user and this is especially true if you are just a social drinker and are unlucky enough to get caught.

This is where the next charge DUI, (Driving Under the Influence) comes in. In most states, this is where the police can tell you have had a drink, but you don’t test out at the .08 blood alcohol content. This charge can occur if they smell it on your breath. In other words, you can take ONE SIP of alcohol, and still have the same expense, suspension and every other hassle that a habitual drinker gets when they get caught.

The intent of these stricter laws covering drinking and driving is to make you reconsider before drinking when out eating a dinner, visiting a bar, going to a birthday party or any other social activity. It is the thought of the risk and consequences that make many choose to drink only when they are home and that result is a withdrawal from social gatherings where they would have normally had a drink or two with friends and family.

One way of avoiding the risk of being caught is to have someone come along to any festivity, such as a birthday party or bachelor party, etc., that will not drink at all to be the driver but some don’t think it is fair for one to be pressured in it and not enjoy the festivities same as they are.

Chances are if you are reading this, you have reason to be concerned because you have either gotten a DWI or a DUI. The best advice is to be prepared to be out a lots of money, even if you haven’t been found guilty, and the mandatory suspension has nothing to do with winning the court case. Most states immediately suspend your license for a minimum of thirty days, whether you are guilty or not. A good lawyer may be able to get you a hardship license and keep you from serving a jail sentence, paying a large fine and losing your license for a year.

If you are in need of more information about Maine drunk driving, please visit this site which has lots more info on Maine DUI Attorney.

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Written by Assistant Editor

September 14th, 2009 at 3:26 am

The Authorities And DUI

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DUI is the abbreviation for driving under the influence and this is not a charge to be taken lightly. You should also never think that you will get away with drinking and driving, because chances are the authorities will apprehend you.

DUI has been a cause for concern among citizens since the accidents related to it have resulted in death and the broken lives of so many. And since nothing prohibits a person from drinking to his heart’s content, the chances of DUI drivers are very high on the road.

Some DUI drivers may think that they could just drive well and straight and would go undetected by officers. However, this is not the case at hand because even the best drivers that are intoxicated with alcohol always manage to make straight lines really crooked. The driver may not be seen but the way the vehicle travels the road is very detectable.

Traffic authorities have different ways and means to detect whether a person is drunk or intoxicated from drugs or other neural compounds. One of their ways is by administering a test to measure the amount of alcohol content in the blood. This is also known as BAC. This is measured as the percentage of alcohol in the blood. In the United States, driving with a BAC of 0.08% or higher is illegal and the any driver found to have a BAC ranging in this percentage will be held liable for an offense.

Another test that traffic authorities administer in determining if the driver is intoxicated is through a Breathalyzer. As the name implies, it involves analyzing the breath of the driver. This is usually done at the time that authorities apprehend violators. Drivers are asked to literally blow some air into a device that reads the blood-alcohol-concentration and if it does not fall in the range of being drunk, the driver is free to go.

Officers not equipped with Breathalyzers can require you to take a urine test which then is tested in a laboratory to evaluate the alcohol amount in the body.

Different states do not have the same penalties since laws vary from state to state, with some higher than others for those driving while intoxicated. A determining factor in imposing penalties is if it is your first offense or if you have been charged with others and common sense tells you the second or third the penalties will be higher.

Some states do consider the age of the offender. In those states if an offender is still a minor, then they have a chance of a more lenient punishment than an adult would get.

There have been many campaigns in recent years to educate both adults and minors alike on the consequences of driving under the influence. Due to the unacceptable number of DUI incidents in recent years authorities are enforcing the law more in apprehending drivers that are DUI in hope of possibly saving a life or more.

If you are in need of more information about OUI Maine, please visit this site which has lots more info on Maine drunk driving laws.

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Written by Richard Milford

September 7th, 2009 at 2:58 am