Guest Post: How To Emotionally Recover After Receiving A DUI

Brandon emailed me again wanting to give some perspective on how to emotionally recover from a DUI. Decided it was a good idea to give an additional viewpoint other than mine about how to get through this. - Tom

How To Emotionally Recover After Receiving A DUI

By: Brandon Leuangpaseuth

“Pull over, I need to throw up!”

I quickly jerked the steering wheel to the right lane and my car drifted towards the exit. I exited from the freeway, pulled into the nearby gas station as one of my female friends hunched over and vomited in the trashcan by the gas pump. She spilled her guts outside of the car as I let out a deep sigh of relief.

I searched for a water bottle around the car but as I looked up into the rearview mirror, blue and red lights filled my eyes. My body froze stiff like a board as I stared into the mirror with disbelief...

This did not look good…

The officers stepped outside of their car with their flashlights on and shined them at my female friend whose face was buried in the trash can. Both lights immediately pointed in my direction as my head started spinning and my stomach began churning…

The next thing I know, I was calling my brother to come to bail me out of the drunk tank the next day. I had blown over a .08 in the sobriety tests at the station. I dragged my feet with shame and disappointment in myself as I walked out of the station...

The Emotional Torture After A DUI

First of all, I know I should have never driven in the first place. I hated myself more than anyone knows. I take full responsibility for my actions and I would recommend that nobody else drives with alcohol in their system. I spent approximately 16 hours at the station and I was so distraught.

Those 16 hours felt like years. So many thoughts flooded my head…

“Well, there goes my life, my career, and my self-worth…”

After my brother picked me up from the police station, I couldn’t eat or sleep for a week. I couldn’t believe the DUI charge even happened to me.

I have to say, if I didn’t have classes to go to, I probably would have laid in bed for the next 3 or so months…

Every day was torture. I wasn’t suicidal but every day I returned home from school I wanted to have a breakdown and punch some pillows out of frustration…

I was so mad at myself.
How could I be so reckless?

It felt like my life was over.

All of my insurance bills went up... and I had to pay for all of those DUI classes. I was a college student barely affording to eat already so this really made money tight.

Not to mention I had to deal with the embarrassment of telling all of my grandparents, uncles, aunts, and friends about why I could not drive myself around. This was the worst part. Not telling my family and friends... but not being able to drive. It really does make you so dependent on other people and public transportation. Your schedule revolves around people and bus schedules. Ride-sharing applications add up and I just didn’t have the money to spend.

I can’t tell you enough.

Everything about getting a DUI is stressful.

Take It One Day At A Time

I had to live every day with the regret of drinking and driving but after a lot of time, I got used to it. I eventually fully accepted my mistake as well as the consequences and my life felt a little less stressful.

I’d recommend to anyone who was recently convicted of a DUI to take it one day at a time. Don’t stress about getting jobs, or thinking too much about your future but instead, to make the most of the day and take the best steps moving forward. Looking back, this was a really stressful time in my life but honestly, I simply made a mistake.

And we all make mistakes. This is not to lessen my actions or try to rationalize that what I did was okay, however, it just puts me back in perspective to not be so hard on myself.

I am human, you know.

My good buddy who is a f
reelance copywriter recommended that I keep a journal for emotional therapy. Keeping a log about how I was feeling on some of those days where I was feeling especially down really helped a lot. Just writing about the stress and struggles I experienced would help me feel less distraught.

I’m honestly really grateful for the experience because it taught me not to drive with any alcohol in my system and to really think of driving as a privilege. After all that time, I relied on people to take me places, I am so grateful to be able to drive now.

Just know that the charge does eventually go
away on your record and you will be okay. I couldn’t work some jobs while I was in college because I had a DUI on my record, but for the most part, it wasn’t too much of a factor in my job searches.

Please think twice if you are about to drive home with alcohol in your system. Trust me, it blows to not be able to drive. You will get through it. Again, it’s going to be tough, but you’ll make it through. What really helped me was to hang out with friends or family members who knew I wasn’t a bad person. They know I just made a mistake and treated me like normal which really lent a hand to rebuild my self-esteem.

The best piece of advice for anybody out there who just recently received a DUI is to learn your lesson and move on. Not to sound like your parent but that’s really all that we can do in that situation. The past is the past and all we can do is focus on being better in the future.

Bio:
Brandon Leuangpaseuth is a
freelance writer from San Diego, CA. You can connect with him on LinkedIn @ bleuangpaseuth

Guest Post: How To Avoid a DUI Tips Checklist

Brandon emailed me wanting to give some more tips to help everyone out. As always these are the guest's views, not necessarily mine. - Tom

Guest Post: How To Avoid a DUI Tips Checklist
By: Brandon Leuangpaseuth

Imagine you are leaving a bar after celebrating a good friend’s birthday.

You didn’t plan to stay long or to even drink, but you got caught up in the festivities and had one or two beers mixed with a couple of shots. After waiting a little while, you decide you were sober enough to drive home. You hastily trot outside, start your car, and drive off.

As you are driving down the road, you notice blue and red lights flashing in your rearview mirror. A cold shiver runs down the back of your leg.

What did you do wrong? Were you swerving? Speeding? Do I smell like alcohol?

A million thoughts flood through your head.

As your car pulls to a halt on the side of the road, you can feel the sweat on the palms of your hands as you grip the steering wheel tighter. The cop gets out of his car and after what seems like an eternity, approaches your car window.

Two loud thuds on your car’s glass as the cop signals for you to roll down your window.

You have never been pulled over before…

Not to mention, you are not sure if you over the legal drinking limit. You
definitely cannot lose your driving privileges…

What do you do...?

If you have ever driven with any alcohol in your system, there is always that fear in the back of your head for getting pulled over by a police officer and convicted of driving under the influence (DUI) charge. Putting yourself plus others in danger, losing your license, paying to attend DUI classes, potentially serving community service, increasing insurance costs and hiring an attorney....is a headache of a scenario.

The only surefire way to avoid a DUI is to drive with
absolutely no alcohol in your system. However, if you are pulled over and you have been drinking, here are some tips presented by a DUI attorney in Houston to help you avoid being convicted of a DUI or to lessen the penalty.

DUI Tips Checklist

Again, getting convicted of a DUI us a stressful situation so if you are planning on drinking, ride with a designated driver or use a rideshare application. The low cost of the rideshare far underweights the high price of dealing with a DUI. If you do drive and you have had a couple of drinks, here are some tips to lessen or avoid a DUI.

Before driving...

Make sure if you had a few drinks and you are about to drive, to always chew gum or breath mints and put some eye drops in your eyes. It is imperative to always carry these items in your car in case. The reason why those items are important is that it can prevent a cop from obtaining
probable cause to test you for driving impaired.

Let me explain.

When cops pull you over, they are looking for any signs of impairment. If your breath smells like alcohol or your eyes are red from drinking, you will essentially give the cops a free pass to legally mandate you to tests for alcoholic impairment.

An officer will typically search for impairment signs by observing:
  • bizarre or erratic behavior
  • poor field sobriety tests performance
  • the smell of alcohol
  • bad driving/ blatant swerving
  • slurred speech
  • bloodshot eyes

You want to do your best not to provide the officer any evidence to give them the ‘go-ahead’ to mandate you to test for impairment.

If You Are Stopped...

If you are being stopped, it is important to put yourself in the officer’s shoes. Making the officer’s life easier could go a long way when interacting with them. Some helpful tips that the officer would appreciate are to:

  • Turn on your emergency headlights - Doing this lets the officer know that you know they are pulling you over. This is especially important when you have to drive a long distance to make a safe stop to the side of the road.
  • Pullover to a safe area - When you see an officer pulling you over, it is best to pull over as fast but as safely as possible. Parking lots and well-lit areas are great spots to pull-over to. You do not want to seem like you are making a run for it by driving fast so you would want to drive slowly.
  • Put your hands on the steering wheel - you want the officer to be able to see your hands at all times. You do not want to be scouring your car searching for your license and registration yet, because it can look dangerous or even suspicious.

Remember, it is important to not give the officer any evidence to build a case against your conviction. An officer’s job is to gather enough evidence to obtain probable cause and legal permission to test you for alcoholic impairment.

Here is how you can deny them acquiring evidence:

Respectfully Decline to Answer Questions

First off, the officer will ask you for your driver’s license and registration. Usually, the officer will follow up by asking you a series of seemingly innocuous questions such as:

“Where are you coming from? Do you know why I pulled you over? Did you have any drinks tonight?”

These questions are meant to construct a case against you for your conviction. The last thing you want to do is give the officer evidence to create a case against you! It sounds like common sense...but a lot of people forget or are unaware of the fact that the questions are
optional.

It is best to respectfully use your 5th amendment and decline to answer any questions. Again, it is best to not be rude or impolite. Being courteous will make the whole interaction a lot smoother.

You may think your answers may harmless, but anything you say can and will be used against you in the court of law. It is best to politely decline to answer, keep your mouth shut and not risk giving away any evidence.

Politely Refuse Any ‘Tests’
A lot of people are unaware that the tests an officer will ask to administer to you are all voluntary--to an extent.

Here’s what I mean.

You can refuse:
  • The officer’s roadside field sobriety tests such as counting, the balance test, etc
  • The officers follow the finger or pen test
  • The optional portable breathe test

Most people have the logic of, “
well I don’t want to say ‘no’ because the officer will think I am guilty

There is a fallacy in that thinking because if you do any of the sobriety tests, you are giving the officer evidence for your DUI conviction...and more severe punishment.

Not to mention, there are a lot of holes or flaws in the tests that they administer. For one, all the tests such as the balance test and counting test are all based on their own opinions or judgments. This means they are subjective.

Not only do the observations of ‘passing a test’ vary from officer to officer...the field sobriety tests are plain difficult. It may sound easy and unintimidating to imitate movements such as walking toe to heel in a straight line, balancing on one foot or touching, reciting the alphabet backward...but they simply are not.

Don’t believe me?

Go try taking a golf class.

You’ll quickly see that imitating basic movements for the first time is extremely difficult.

The tests would be hard to do
stone-cold sober.

So do yourself a favor and politely decline their tests and let them know that you would not like to submit to any tests.

This goes for the pen and eye tests too. Sure, this test is extremely simple to follow. However, that police officer is probably NOT an ophthalmologist or a trained doctor...so their perceived data will be biased, inaccurate and can lead be used against you int the court of law.

Also, don’t blow in a portable breathalyzer on the side of the road. The roadside breathalyzer test is optional. Think about this:
do you know what the breathalyzer’s results will say?

I can tell you, you don’t know what the machine is going to say or if it will read the same number each time you blow into it. I repeat, do not take the breathalyzer.

Again, politely decline to do any of these tests which results can be misinterpreted and be used against you for a DUI conviction.

Quick Tips

If the officer believes there is enough probable cause that you are under the influence of alcohol or drugs, they will arrest you.

After they arrest you and bring you back to the station, they will ask you to take a breathalyzer or blood test. This test you can NOT refuse. If you do, there will be some severe consequences such as getting your license suspended for a long period of time.

I would recommend that you take the blood test over the breathalyzer test at the station. There are a lot of steps involving humans in conducting a blood test that can leave room for ‘human error’. An experienced DUI attorney can argue for the results being contaminated or inaccurate because of a mistake from a person.

Also, if your license is taken, you have 10 days to contact the Department of Motor Vehicles (DMV).

Checklist Recap:
  • Before leaving when driving: eat gum, breath mints and put eye drops in your eyes.
  • If you are stopped: respectfully decline to answer questions
    • Decline to follow the officer’s pen or finger
    • Decline the roadside sobriety test such as counting, balancing, etc.
    • Decline to answer any questions
    • Decline the optional portable breath test
    • You must take the required official breath or blood test at the station
    • You have 10 days to call the DMV if your license was taken.

Here’s to Avoiding DUIs

There you are.
The checklist to help you avoid a DUI.

Driving while impaired is a
common big problem that can put you and other people’s lives in danger. Remember, the surefire way to be safe and avoid a DUI is to drive with absolutely no alcohol in your system. Find a designated driver or use a ridesharing application to save yourself a lot of time and money if you are convicted of drunk driving charges.

If you do get pulled over and you had a few to drink, keep these tips in mind. They can help you avoid a DUI or lessen the consequences. Instead of giving away evidence to be used against you in court, let your DUI attorney fight in court over the fact that you refused to give up your rights.

The MADD Victim Impact Panel (VIP)

Mothers Against Drunk Driving… Who could argue against that? We all agree that drinking and driving is awful… what kind of awful person would go against this organization?

Well, after this whole experience… probably you.

One of the odder requirements the court has for you is to attend a MADD Victim Impact Panel (MADD VIP class).

I cannot, for the life of me, think of another instance where somebody who is sentenced for a crime has to go to a specific lobbyist organization and give money to them. Even if you’re sentenced to a rehabilitation program you don’t have to join AA, you can join AlAnon or other options that align with your views (such as one of those swanky $10,000/month outpatient treatments).

But with a DUI you’re forced to give MADD $50. There’s no other options.

I’m not here to say that MADD is a bad or even misguided organization (
there’s plenty of criticism against them here) but I will say they’ve had an overly large effect on this nation’s laws (they’re responsible for tying Federal highway funds to the .08 limit) and that requiring somebody to go to their class and pay for it seems like a kickback to me.

But who’s to say?

The Victim Impact Panel

The class you’re required to is, honestly, another waste of your time. It’s about two hours of family members describing how wonderful a loved one of theirs was, and how they lost their life, or suffered great injury, due to a drunk driver. It’s supposed to put a face to all the pain and suffering that could’ve happened due to your actions. I suppose it may be helpful to some - but with your DUI classes you’re forced to go to, you have plenty of people telling similar stories, and before too long you become completely numb to them. Perhaps it is different for people to see a person who was affected, but I’d heard enough stories at this point. I got it. I understood.

It’s an uncomfortable event and it’s best to just put your head down and get it over with. The important thing is to pre-register for the class (you really don’t want to show up and for it to be full so that you have to go again), and to show up on time.
DO NOT BE LATE. BE EARLY. PLAN FOR MISERABLE PARKING. If you’re late you may not be allowed in, and your pre-payment will not transfer to your new time. When I went they did not allow pre-payments and you had to get a money order to attend. Ridiculous. Now they allow credit cards for pre-registrations, but if you decide to show up you need a money order. It feels that we should be past being unable to take forms of payment in this day and age, especially for something you’re forced to do, but apparently not.

Get there early, check in (bring whatever you’re using as an ID), and then get comfy. Bathroom breaks are regimented so that people don’t hide out there. Don’t sleep, don’t be on your phone. If the people running it feel that you are not paying adequate attention they can refuse to honor your attendance. Be awake, pay attention, don’t chance it. It’s long, but not the longest thing in the world. Get through it. Clap when everybody else does. Look miserable (ok, that part is not hard). The best trick I can tell you: sit in the first three or four rows. They usually get out earlier since everybody tries to sit in the back or middle. Be a good student.

Once your lecture is over, you’ll be dismissed by rows, sent to a single file line where you’ll be greeted by every speaker, who is sure to give you a look like you’re a complete jerk. It’s a humiliating process, and that’s what they want it to be. Look them back, say “sorry for your loss” or “thank you for sharing”, be polite, be gracious. It’s almost over.

They’ll then lead you to a person who you’ll give your name and show your ID to again. Then they will ask you to make a donation - you've already paid $50 and an evening for this, so I declined. If you feel it was worth more, then do what you will. I can't imagine paying on top of this, however.

Then the big moment comes: They give you your completion certificate. Hold on to this with your life. If you lose it they might make you take it again. Or they might make you pay $25. Depends on how “generous” the MADD branch is. Either way, it’s very valuable. Take a picture of it. You’ll then either give it to your lawyer to file, or turn it in to the court yourself. Get a receipt.

It’s a ridiculous event they make you attend, and I do not know how much it helps anything. It’s absurd to force people to patronize a specific organization, and unbelievable that they’d make you go to something to shame you.

But there’s no choice.

Get it over with, get it out the way, and move on. Turn the paper in, check off the box.

You’re one step closer to being free of this.

On Probation

On Probation

Hi everyone. Been a while, I know. Truth of the matter is that once you’re sentenced, you’ve done your classes, gotten rid of your interlock, got your license back, life continues where you left off. Sure, your insurance is still high, but there’s an end in sight.

You might not believe this, but there comes a time when you
hardly even think about your DUI.

It’s a good feeling. It’s a weird feeling.

Probation in CA lasts for three years. Throughout my journey with the DUI I kept getting different answers as to when it started. In my final assessment, my DUI class instructor told me that it started from the date of arrest. That made me feel better. It did not turn out to be the case. You’re on
probation as soon as you get arrested, but it doesn’t count towards your probation. Would’ve been nice if it did, but, alas, it’s just how things go.

My lawyer told me it would start from the day I was
sentenced. This seemed to make sense, but this, too, wasn’t quite the case. One day a few weeks ago, I decided to call up the DMV and double check (always a good idea) to make sure that my probation had passed like it should have. It did. Just my last day of probation was a month and a half later than I had calculated.

No idea why, and there’s really nothing I could’ve done about it. Can you imagine calling the DMV, “Hi, while I didn’t violate my probation, can you retroactively make my probation have ended earlier?”

If I had to do it again, which I’m trying my damnedest not to, I would’ve gotten my lawyer or called myself to find a definitive date that my probation was over. Would’ve had a small little celebration to myself when midnight ticked over on the clock when it happened (not drinking and driving, of course).

The probation you go on for your first DUI (and possibly others) is called “Summary Probation”, which basically means “don’t fuck up or we’ll throw the book at you”. There’s no expensive probation officer, which is probably the first time they let you not have another fee they could charge you. No PO, no checking in, nothing like that. Just don’t mess up.

Additionally you can't refuse a field sobriety test, and your odds of getting picked at a
DUI checkpoint raise if they're checking plates (although I cruised through two, sober, without being tested).

So what is messing up?

Some people believe it’s committing any crime, but that’s not quite it. My lawyer told me that he had somebody arrested for shoplifting while on DUI probation and the court didn’t care, didn’t consider it a violation. (
Update: I have been told in other states that this will trigger a violation, so best to keep clean as a whistle) While this blog does not condone shoplifting or any other crimes in any way whatsoever, you should know what scrutiny you’re under.

This probation deals with alcohol and driving - basically you can’t get caught with even a drop of alcohol in your blood when you’re driving or else you’ll face some consequences (and remember, you can't refuse a test). The common thing to say is that it’s another DUI even if you’re at .0001, but that’s not true either. They can only give you a DUI if you’re over .08 (.05 now in some places), otherwise it’s “just” a probation violation, which means more school, more money paid, more probation. If you’re above .08 you get a DUI on top of that. Not good.

Other traffic infractions are fine. This I can verify personally - I did receive a parking ticket, and an out-of-state speeding ticket (14 over on the highway, bullshit speed trap), and neither affected my probation or caused any additional consequences (and yes, I was sweating bullets when pulled over on that highway and very worried about if this counts as a violation. Next rest stop I did a lot of googling until I calmed down enough to continue on my trip.)

Any sort of aggravated driving, road rage, that sort of thing takes you into the “maybe” territory. It’s all up to a judge and the system, and by this point you know how it goes. If they can, they usually will. You might catch a break, probably not, depends on a lot of things out of your control, and how you handle yourself around them. Bottom line: I wouldn’t depend on anything.

Your Summary Probation basically comes down to two tenets:
  1. Don’t drink and drive
  2. Don’t be an asshole.

Seems easy enough. But three years is a long, long time. It gets harder and harder the longer you are from your DUI. Drinks after work, wine with a meal, beer at a ballgame. The temptations are everywhere. And if you’re like me, and haven’t quit drinking, you’ll eventually indulge yourself.

“A beer or two won’t hurt, not like I’m getting drunk, not like that night”

And then you wait a little bit, don’t get ‘one more for the road’, call it early.

And then you get in your car, and you head home. With just a little bit in your system. Nothing too bad, just a little bit.

And then a cop gets behind you.

And then you start sweating, worrying. Praying that your tail light is working, making sure your seat belt is fastened tight.

And the cop keeps following you, and you start worrying if he is playing games with you, you’re worrying that he somehow knows that you’re in violation.

You turn off the radio, you pay the best attention you can, and then eventually the cop turns down another road, and you let out a big sigh of relief.

Then two weeks later your friend asks you to happy hour.

And you start to sweat again, and think about what could happen.

This is what it’s like. It’s easy in that you don’t really have to do anything except not mess up. It’s hard in that our society practically pushes people to drink and drive. Odds are you’re reading this because you went to a social function, or did something that we’re told is how you relax. You felt fine because we don’t teach people how alcohol affects the body and it’s impossible to “feel” what your BAC level is. We make fun of people who use breathalyzers, and everyone condemns drinking and driving but nearly everyone does it.

You’re going to find yourself in a lot of situations where you will be tempted to violate your probation. I suggest
knowing your BAC by using a portable breathalyzer, or taking an Uber or Lyft.

Looking over your shoulder for cops all the time sucks.

Some lawyers will offer you a service to where they can reduce your probation, usually take off the third year. I didn’t go for this, they wanted a thousand dollars for it, and I’d spent enough. Instead, I went through the whole thing. The theory is they cite your fulfilling all your commitments and use your two years (one and a half in some cases) of not violating probation as evidence that you won’t violate it for the next. Works some times, doesn’t work others. I decided to stick it out, a thousand dollars buys a lot of Lyfts, and I can refuse one last round and wait it out.

And so I did.

And now I’m free.

Reader, I can’t tell you how good it feels to be free of the system to come this far. Now I just have to get past the 3-year anniversary of finalizing my suspension to get my insurance rates to fall to normal and then… it’s all behind me.

The journey is long, and it’s hard, but just take it one step at a time, and you can get through it. It costs a lot, and it takes up a lot of time, but you can get through it.

You can Survive a DUI.

Guest Post: Ways to Challenge Breathalyzer Test

I received an email via my contact page from John Adam, who wanted to wanted to give some perspective on how to challenge the Breathalyzer test. Interesting stuff - Tom

The use of breath to determine the blood alcohol level of a person is the most popular scientific method in DUI cases. There are many cases, when the wrong Breathalyzer tests cause the person, under suspicion of driving while drinking, face DUI charges. Breathalyzer results are inaccurate because of certain problems with calibrations or if there is an untrained police officer using the device.

The prosecuting party has to prove in the court that the defendant’s BAC was at or above the legal limit. In a few states, it is .10% while in others it is .08%. When the person is wrongfully charged on the basis of defective Breathalyzer tests, the defendant needs a
DUI attorney to challenge the Breathalyzer test in court.

The Burden of Proof in Challenging the Results:
Under the wrongful DUI charges, the defendant must prove that these charges are invalid for the conviction. This is possible when the attorney convinces the court that there is a lack of strength in evidence or it is insufficient to convict the accused. The defense team may focus on the witness statement and evidence without having the burden of proof. When the defense refutes the proof and demonstrates that the prosecution has not strengthened in the case, this may help in dismissing the
charges.

Use of Breathalyzer:
There are many cases when the Breathalyzer is not used properly. The police officer uses the device inaccurately given improper maintenance, training or calibration, which gives the inaccurate results. When the prosecuting party has Breathalyzer results as the only evidence, by only refuting this proof it becomes easy as well as effective to defend the person from the conviction. However, in this case, the defense team needs the help of an expert in these devices or understands well the proper calibration to give accurate results.

Training of the Police Officer:
In many cases, the police officer who pulls over the driver on suspicion of being under the influence of drug or alcohol, may not be properly trained to conduct a Breathalyzer test or use the device. The device cannot provide the results if the officer does not use it accurately. There are certain rules for this such as observing the driver for twenty minutes to determine whether the results are accurate or not. Moreover, the office is supposed to check the intestinal health of the accused or alcohol in the mouth.

Calibration:
Breathalyzers have settings as well as calibrations that need regular maintenance and understanding. In case the officer in charge is unaware of how to set the device and keeps it maintained, the device can produce the wrong results.

Few devices need to be repaired and parts replaced. In case of lack of knowledge about taking care of the device, there will be inaccurate results leading to wrong DUI charges. Not only one, but all or most of the arrest will be affected.

Challenging the Results Varies According to the Case:
In addition to the above-mentioned ways, there are other ways to challenge the Breathalyzer tests. For instance, the accused may have a special condition that could lead to the retention of the alcohol in his or her system that brings wrong results. This is another effective to challenge the results and refute the charges completely.

Other factors involved, the environmental temperature and pressure in the atmosphere, and the chemical composition of the person taking the test. This refers to the emotional stress and physical activity, hyperventilating, heavy breathing due to anxiousness.

Given these several factors, the results are inaccurately measured. This is the reason few of the DUI cases involve expert witness who gives the testimony about the inaccuracy of the device with incorrect results. The DUI attorney must present the valid argument based upon these facts and evidence.

Final Word:
The defendant needs the support of the lawyer to challenge the Breathalyzer tests, as the attorney is skilled in dealing with such cases and will guide according to the given circumstances.

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