2. 2d (N.D. Ga. Mar. 443, 649 S.E.2d 568 (2007); Trull v. State, 286 Ga. App. Georgia law prohibits failure to maintain a lane. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. XVI. - Indictment stating that defendant "did fail to operate his motor vehicle entirely within a single lane of traffic. 40-6-48 were supported by sufficient evidence since, when an officer stopped to assist the defendant, whose car was parked on the side of a road, the defendant told the officer that the defendant had driven off the road, the officer found tire marks and a fender in the area where the defendant ran off the road and the defendant's vehicle was missing its left front fender, the officer noticed a strong odor of alcohol on the defendant's breath, the defendant admitted to drinking for over four hours and could not tell the officer how many drinks had been consumed, and the defendant then failed field sobriety tests. 678, 738 S.E.2d 130 (2013); State v. Zeth, 320 Ga. App. Evidence was sufficient to convict the defendant of driving under the influence of alcohol to the extent that the defendant was a less safe driver, speeding, failure to maintain lane, and driving while possessing an open container of an alcoholic beverage because a sergeant pulled over the defendant's car for speeding and failing to maintain the defendant's lane; another officer observed six out of six clues of impairment in the officer's horizontal gaze nystagmus evaluation of the defendant and smelled the odor of an alcoholic beverage coming from the defendant's mouth; and, after the defendant's arrest, the sergeant searched the defendant's car and found a glass filled with ice and a dark liquid that smelled like an alcoholic beverage. A citation concerning failure to maintain lane is one of the most common citations in Georgia. 719, 761 S.E.2d 120 (2014); State v. Outen, 296 Ga. 40, 764 S.E.2d 848 (2014); Chernowski v. State, 330 Ga. App. The police officer gave me a super speeder ticket. Ensure that everyone in the vehicle (or vehicle) are safe. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Filters . 393, 634 S.E.2d 177 (2006). We answer the phones 24/7. 834, 733 S.E.2d 21 (2012). Individuals caught performing this maneuver or immediately arrested and taken to jail and charged with criminal misdemeanors. Because an officer witnessed the defendant driving completely from one side of the lane to the other numerous times, and in doing so the defendant's wheels at least partially crossed over the center of the white line separating the lanes. 46.2-852. Therefore, it would be more difficult for the State to prove Failure to Maintain Lane on an unpaved dirt road or single lane back road. Now Defending You. Driving on roadways laned for traffic. 40-6-391(a)(1). For example, in Shlanger v. State, the court found that the fact that the defendants vehicle exited the roadway before coming to rest upside down in an adjacent gore provided enough evidence that the driver failed to maintain their lane. First Offense: $300 up to $1,000. Most defenses regarding unsafe lane changes include either arguing that the law enforcement officer who issued the citation exercised poor judgment or demonstrating the lane change in question was performed in a safe manner. dismissed, No. In an in rem forfeiture case in which: (1) the initial traffic stop of the van was reasonable and did not implicate the Fourth Amendment since a law enforcement officer had probable cause to believe that the claimant violated Georgia traffic law by twice violating O.C.G.A. 74, 635 S.E.2d 368 (2006). There is no minimum fine. Also, any discovery violation under Fed. shall apply: (1)A vehicle shall be driven as nearly as practicable entirely within a single lane Citations for failure to maintain a lane are particularly common. (A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within municipal corporations traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply: (1) A vehicle or trackless trolley shall be . This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, ARTICLE 3 - DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, FOLLOWING TOO CLOSELY. Brown v. State, 287 Ga. App. Many individuals in the state of Georgia assume that failure to maintain a lane citations only arise when individuals are determined to be weaving across the road. 605, 685 S.E.2d 339 (2009); Jones v. State, 319 Ga. App. You're all set! Ivey v. State, 301 Ga. App. Examples of Failure to Maintain Lane in Georgia. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 1983, Art. Georgias Marijuana Laws: Decriminalization and what it means, Georgias New Hands-Free Driving Law: What You Need to Know, Things To Know During Memorial Day Traffic Crackdowns, Medical Marijuana: What It Means for Georgia Drivers, Parents of Teen Drivers: What You Need to Know, Copyright 2023 Kevin R. Fisher | Powered by Astra WordPress Theme, Basic Rules Violation, or Too Fast for Conditions, Fleeing or Attempting to Elude Law Enforcement, Georgia Boating Under the Influence (BUI), Possession of Marijuana Less than One Ounce, Possession and Distribution of Controlled Substances, Organizing or Promoting an Illegal Drag Race, , the Georgia Court of Appeals held that the officer was justified in stopping the defendants vehicle based on the videotaped evidence that established that the officer observed the defendants vehicle failing to maintain its lane in violation of. Stay up-to-date with how the law affects your life. Individuals who are found guilty of such an offense will be fined and receive points on their drivers record. 40-6-48(1) and 40-6- 391(a)(1). 734, 487 S.E.2d 643 (1997); Hamilton v. State, 228 Ga. App. 32, 510 S.E.2d 889 (1999), overruled on other grounds by Willis v. State, 2018 Ga. LEXIS 685 (Ga. 2018). |. Shlanger v. State, 290 Ga.App. Contact Yeargan & Kert, LLC today. Add an answer. Throughout the night these particular officers patrol places known for having clubs and bars that stay open late. Flooding in counties south of I-20 Appx. OCGA Section 40-6-391, subsection (l) is the Georgia code section calling for an additional child endangerment DUI to be added to drunk driving charges, for each child under age 14 that was in the vehicle when the DUI arrest occurred. A skilled attorney can prove essential in helping to minimize the penalties that may result from these types of charges. Improper Passing of a Stationary Utility Service Vehicle, Use of Traffic-Control Device Preemption Emitter (while operating a motor vehicle), Improper/Erratic Lane Change/Failure to Maintain Lane, Driving Within Gore or Improper Entry to Controlled Access Highway, Failure to Yield when Crossing or Entering, Failure to Exercise Due Care Near Pedestrian, Disregard of Stop Sign at Railroad Grade Crossing, Failure to Stop at Railroad Grade Crossing, Failure to Exercise Due Care/Unlawful Use of Wireless Device, 1 point 1st offense 2 points 2ndoffense, Wearing Device Impairing Vision or Hearing, Improper Transportation of Infectious Substance, Violation of Duty Upon Striking Unattended Vehicle, Operation of Motorcycle Without Head/Taillight, Operating Personal Assistive Mobility Device While Intoxicated, Child or Youth Restraint not properly used (under the age of 8). Defendant's conviction for failure to maintain a lane, in violation of O.C.G.A. (1) The operator of a motor vehicle overtaking a bicycle, electric scooter, or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle, electric scooter, or electric personal assistive mobility device, and X, 2 (AFF).] 2. Any vehicle or object obstructing a designated fire lane is hereby declared a traffic and fire hazard and may be immediately impounded pursuant to the applicable state law, and Uniform Fire Code, without prior notification to its owner. Under Georgia law, a driver is negligent if the driver fails to show "that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances." O.C.G.A. . an attorney at Yeargan & Kert so that individuals begin constructing a strong defense in order to respond to such a case. When any highway has been divided into two or more clearly marked lanes for traffic, (1) a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has ascertained that such movement can be made with safety, and (2) the Office of the State Traffic Administration may 854, 737 S.E.2d 103 (2013). The fine is probably a couple hundred dollars. 796, 689 S.E.2d 100 (2009). Motor vehicle drivers must also remember that once law enforcement pulls over an individual for failure to maintain lane, the law enforcement officer can then further investigate a DUI. People injured by a negligent driver have a right under Georgia law to hold the negligent driver responsible for his actions. I cant recommend him enough! Crenshaw v. State, 280 Ga. App. Former DUI Prosecutors. If a motor vehicle driver was far from the location where a motor vehicle driver performed the lane change, an individual can also bring the law enforcement officers judgment and doubt into question by suggesting that the law enforcement officer did not have a good view of the incident. Georgia may have more current or accurate information. You already receive all suggested Justia Opinion Summary Newsletters. This news blog is provided to you by the Alpharetta, Georgia traffic ticket defense attorney Scott Miller. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety; Upon a roadway which is divided into three lanes, and provides for two-way movement of traffic, with two lanes in one direction, a vehicle being driven in a continuous or center lane shall have the right of way when overtaking and passing another vehicle traveling in the same direction; Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices or road striping; Official traffic-control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device; and. 40-6-48(1) by weaving between lanes, various factors went beyond an inchoate hunch and amounted to reasonable suspicion of other illegal activity, and prolonging detention for three minutes was not unreasonable. See King v. State, 317 Ga.App. Evidence was insufficient to sustain the defendant's conviction for failure to maintain a lane in violation of O.C.G.A. Feb 18, 2022 The following information concerning recent arrests was provided by the Walker County Sheriff's Office. 1-A. The offenses can be found within the Georgia Uniform Rules of the Road. If this is not possible, then you may wish to plead NOLO Contendre (No Contest). Evidence was sufficient to sustain a conviction since the arresting officer testified that the officer observed the defendant weave across the road. Rayo-Leon v. State, 281 Ga. App. 40-6-48; (2) the seven minutes it took to effectuate the traffic stop was reasonable; and (3) the search of the van was lawful because of a drug dog's positive alert, the district court did not err in denying a claimant's motion to suppress. n addition to driving carefully, the best way to ensure that a failure to maintain a lane charge does not result in negative consequences is for an individual to retain the services of an experienced DUI attorney. Building 100 All rights reserved. O.C.G.A. A motor vehicle was traveling in Marietta recently, when the driver. 51-1-2. 692, 642 S.E.2d 384 (2007). Handled 1000s of DUI cases the following rules, in addition to all others consistent with this Code section, 5 attorney answers Posted on Aug 11, 2014 All of the judges and courts have different fines for this violation. There are several potential defenses for individuals who are charged in the state of Georgia with failure to maintain a lane. Many Georgia citizens assume that failure to maintain lane is weaving all over the road, that's not always the case. I got clients crossing gore charge dismissed Dunwoody, GA. Hooray for Attorney Scott Miller! Of course, this ultimately depends on your insurance company. Attorney Scott Miller is available daily for free telephone consultations at 770-408-1001. 40-6-48. Hooray for Attorney Scott Miller! 637, 602 S.E.2d 173 (2004); Smith v. State, 270 Ga. App. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. about a year ago LegalPeak Legal Articles - Because a sheriff's deputy lawfully stopped the defendant for twice crossing the center line in violation of O.C.G.A. By Name By Charge. - Pursuant to Code Section 28-9-5, in 1989, "and" was added at the end of paragraph (4). 120, 663 S.E.2d 364 (2008), cert. Movement from lane. Applicability of res ipsa loquitur doctrine where motor vehicle leaves road, 79 A.L.R.2d 6. 40-6-123, the trial court properly instructed the jury as to the definition of the standard for strict liability offenses because the state was not required to prove mental fault or mens rea in those offenses; although O.C.G.A. or center lane shall have the right of way when overtaking and passing another vehicle by official traffic-control devices or road striping; (4)Official traffic-control devices may be erected directing specified traffic, including Trial court did not err in denying the defendant's motion to suppress because the officer was justified in stopping the defendant's vehicle based on the videotaped evidence that established that the officer observed the defendant's vehicle failing to maintain the vehicle's lane in violation of O.C.G.A. whittlesea council rates notice online; paris romeo and juliet paul rudd; how tall is sarah . 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While these points may not seem significant, for individuals with a less-than-perfect driving record, every point matters. 40-6-390, and failure to maintain a lane, O.C.G.A. Stroud v. State, 344 Ga. App. Moore v. State, 234 Ga. App. Suite 500 ." An official website of the State of Georgia. and. 774 (11th Cir. The license penalties for a Failure to Maintain Lane conviction in Georgia Failure to Maintain Lane is a 3-point offense. Ins. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the . 791 (11th Cir. Roads are flooded and bridges are washed out. 40-6-48(1). But as we discussed above there are many different ways a failure to maintain lane violation can affect you as a driver. LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. Law in the state of Georgia dictates that a motor vehicle must be driven as practicably as possible within a single lane and that an individual will not move from the lane until the motor vehicle driver has first determined that movement to another lane can be done so safely. Many Officers will cite the "at fault" driver for a violation of a Georgia traffic law. Do I need a lawyer if I have been given a citation for Failure to Maintain Lane? Augusta, Maine 04333-0007 Data for this page extracted on 9 . of What Are My Rights If Im Stopped by the Police? 484, 781 S.E.2d 591 (2016). I. n addition to driving carefully, the best way to ensure that a failure to maintain a lane charge does not result in negative consequences is for an individual to retain the services of an experienced DUI attorney. With your type of driving record the Prosecutor may be willing to work with you in terms of a reduction of fine or a reduction to a non-points violation. - Police officer's observation of the defendant weaving out of the defendant's lane justified the finding of the court that the stopping of the car was not pretextual, but justified. These consequences include the following: three points being placed on an individuals drivers license, an increase in an individuals car insurance rate, a maximum of twelve months in jail, and a fine of up to one thousand dollars. Testimony of deputies who observed a defendant driving erratically and a paramedic who examined the defendant at the stop scene to the effect that the defendant was under the influence of alcohol to the extent that the defendant was a less safe driver, along with blood alcohol evidence, was sufficient for the jury to find beyond a reasonable doubt that the defendant was guilty of driving under the influence of alcohol to the extent that the defendant was a less safe driver, and of failing to safely maintain the vehicle within a marked traffic lane in violation of O.C.G.A. DUI Courts in Atlanta, GA (Fulton County), DUI Defense Lawyer in DeKalb County, Georgia, The driver in the middle lane on a multi-lane road has the right of way when passing other vehicles. Always signal any intended lane change. When any lane has been designated as an HOV lane under section 1 of 1951 PA 51, MCL 247.651, and has been appropriately marked with signs and pavement markings, the lane . Individuals can sometimes successfully defend against such a charge by arguing that the motorist was weaving within only one lane of traffic, which is not illegal. Failure to Maintain Lane is a 3-point offense. A motor vehicle driver is not permitted to move from one lane unless the driver has first determined that moving lanes can be performed in a safe manner. 755, 652 S.E.2d 631 (2007). Trial court did not err in denying the defendant's motion for new trial on the failure to maintain a lane conviction because the arresting trooper observed the defendant completely travel off the right side of the roadway across the fog line and into the concrete median area, failing to maintain the defendant's lane; and the defendant's failure to maintain a lane conviction was based on the trooper's observation rather than on the admission of the blood alcohol content evidence or any other evidence related to the driving under the influence charges. 854, 737 S.E.2d 103 (2013). Cite this article: FindLaw.com - Georgia Code Title 40. In many cases, a skilled attorney can even help individuals avoid these penalties altogether. Scott worked with the court and got my charge reduced. I doubt you will receive the max fine or any jail time. Although the surcharges are mandated by state law, the base fine can vary dramatically from court to court. S10C0633, 2010 Ga. LEXIS 339 (Ga. 2010). 108, 668 S.E.2d 540 (2008); Eason v. Dozier, 298 Ga. App. Yes. You don't need to be weaving through traffic across the road to be cited for this. All of these actions are criminal behavior and treated harshly by the law. In Georgia, the law says: "a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." 40-6-48 states that a vehicle shall be driven as nearly as practicable entirely within a single lane. It prohibits drivers from leaving their lane until they have determined that a lane change can be made safely. This field is for validation purposes and should be left unchanged. What Are the Penalties for Failure to Maintain Lane Ticket in Georgia? the same direction that the vehicle is proceeding and such allocation is designated Atlanta, Georgia 30349. The state Central . Here are some examples: Crossing over the center line can form the basis for a citation under O.C.G.A. Driving on roadways laned for traffic Defendant unsuccessfully argued that a law enforcement officer lacked probable cause to make a stop because the officer caused the defendant to drive in an erratic, unsafe manner. 181, 628 S.E.2d 611 (2006). Failure to Maintain Lane is a misdemeanor offense in Georgia. 4125 Welcome All Rd. Over 100 5-Star Reviews. Changing into a lane where visibility is impaired, failing to check whether blind spots exist prior to making a lane change, Drifting into another lane to drive while distracted, driving while fatigued or under the influence of alcohol or drugs, Failing to check both mirrors prior to making a lane change, changing more than one lane at a time, Failing to properly align rear view mirrors, Failing to signal before making a lane change, Using a cell phone to text or talk while operating a motor vehicle, Vehicle passengers that distract that motor vehicle driver, Weathers conditions that leave drivers unprepared for driving conditions. What the testimony at the evidentiary hearing fairly showed was that the defendant, over a matter of seconds, attempted to make three lane changes, twice pulling into lanes occupied by other vehicles, causing one to brake and sound the vehicle's horn to avoid collision; the officer had probable cause to stop the defendant for the defendant's violations of O.C.G.A. Defendant's conviction for DUI per se in violation of O.C.G.A. www.lawofficeofscottmiller.com. While these points may not seem significant, for individuals with a less-than-perfect driving record, every point matters. 291, 638 S.E.2d 430 (2006). Therefore, it would be more difficult for the State to prove Failure to Maintain Lane on an unpaved dirt road or single lane back road. Gender: M. Height: 603. . If you have been unfairly accused of not maintaining a lane in Fulton County, Cobb County, DeKalb County, or any other surrounding community you should contact the Law Offices of Scott Miller. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent with this Code section, shall apply: (Ga. L. 1953, Nov.-Dec. The key word in this law is safe. The police officer must prove that it was not safe for you to move from your lane. To satisfy a violation for failure to maintain lane, Georgia law enforcement need only find the smallest movement of a driver from one lane to another enough to satisfy a failure to lane charge. Once your vehicle is stoped the officer can visually inspect around your passenger compartment looking for contraband or weapons. This practice known as drift racing breaks at least three laws: drift racing, reckless driving, laying drag. . 702 10th Street Columbus, Georgia 31901 ACCEPTED PAYMENT METHODS Check (made payable to Recorder's Court) Money Order/Cashier's Check You must include your telephone number with all payment methods. lane distribution factor table; why do i feel sick when the weather changes; lindsay wagner sons; antwuan dixon sponsors; relative volume stock screener; cyberpunk 2077 stuck in combat; marlow cloud backsplash. Failure to Maintain Lane and DUI are two separate offenses. IF NOT ALL "MUGSHOT LAWS" WERE CRAFTED TO PROTECT THE PUBLIC FROM FEES FOR REMOVAL OF ONLINE . I, Para. - Trial court erred by granting summary judgment to the defendants in a wrongful death action upon concluding that the plaintiffs' decedent was 50 percent or more responsible for the decedent's own death because there was an issue of fact as to whether the decedent would have died but for the presence of the tractor-trailer illegally parked in the emergency lane. Individuals who are charged with a DUI and failure to maintain lane, should not hesitate to contact an attorney at Yeargan & Kert so that individuals begin constructing a strong defense in order to respond to such a case. 456, 571 S.E.2d 456 (2002). Definition of Failure to Maintain Lane . 40-6-123(b) and told the jury that the defendant was charged with improper lane change in violation of that section. 441, 649 S.E.2d 571 (2007); Lopez v. State, 286 Ga. App. 40-6-48(1) and justified the stop, and the officer's actual motive in stopping the defendant was inconsequential. Harridge v. State, 243 Ga. App. I had to pay a fine and go to traffic school. All drivers are urged to use common sense when operating their vehicles and avoid this type of reckless behavior. 332, 506 S.E.2d 685 (1998). denied, No. BLOG; CATEGORIES. These defenses should be discussed with an attorney at Yeargan & Kert, LLC. or where such center lane is at the time allocated exclusively to traffic moving in was not deficient because the indictment did not allege that the defendant failed to ascertain whether the defendant could move from the defendant's lane safely. 40-6-48 (2010) 40-6-48. Hooray Attorney Miller, I will refer all my friends and family to you! Alana "Honey Boo Boo" Thompson's boyfriend has been arrested. . Get free summaries of new opinions delivered to your inbox! I was arrested for street racing in Alpharetta. 592, 524 S.E.2d 276 (1999). Georgia law states that when a road has been divided into two or more clearly marked lanes for traffic, a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. Basically, the law says that you just stay in your marked lane until it is safe to move from your lane. Failure to Maintain Lane | Georgia DUI Lawyer Home Our Firm Areas in Georgia We Serve Attorneys Blog Case Results Contact Georgia DUI Law Dictionary Locations Recommendations Resources Credit Card Payment FAQs Atlanta DUI Attorney Georgia DUI Lawyer Banks County Baldwin GA DUI Lawyer Barrow County Auburn GA DUI Lawyer Statham DUI Lawyer Stubblefield v. State, 302 Ga. App. Accident and injuries will not be circled on the yellow citation you recieve. 130, 755 S.E.2d 356 (2014). 89, 653 S.E.2d 368 (2007); Brantley v. State, 290 Ga. App. If you plead guilty to this you will be fined, and three points will be charged on your drivers record. Local, state, and federal government websites often end in .gov. 759, 608 S.E.2d 35 (2004); Dunbar v. State, 283 Ga. App. Acree v. State, 319 Ga. App. Current as of April 14, 2021 | Updated by FindLaw Staff. Often individuals are pulled over by a DUI task force officer for slightly touching the line. You're all set! Second Offense: $600 tup o $1,000. Georgia law states that "when a road has been divided into two or more clearly marked lanes for traffic, a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." Once the officer pulls you over they can then further investigate a DUI, if they feel there is further evidence to explore; such as the smell of alcohol. If you plead guilty to this you will be fined, and three points will be charged on your drivers record. Oct. 4, 2013)(Unpublished). An official website of the State of Georgia. Copyright 2023, Thomson Reuters. Georgia DDS Administering Socially-Distanced Driving Test, Georgia Considers Restoring Ex-Offenders Voting Rights, Warrant Application Hearings in Georgia Criminal Cases, Understanding Implied Consent in Georgia DUI Cases, Fulton County Fathers Day Restorative Justice Program, Bench Warrant Dismissal in Atlanta Municipal Court, Another Day, Another Dismissal (and Another Happy Client).
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