Lindsay Lohan is no stranger to police officers, arrests or police stations, and can probably read herself her own Miranda rights, but the law does not work that way. Lohan’s new attorney has filed a new motion to dismiss the lying case against her because the arresting police officers failed to read his client her Miranda rights, according to a Feb. 25 TMZ report.
This matter stems from Lohan’s car accident last June on Pacific Coast Highway when the actress lied to officers about whether or not she was behind the wheel of the Porsche involved in the accident. At the time, Lohan told officers she was not driving the vehicle.
It appears that Heller is arguing that Lohan was not read her rights before being asked whether she was driving the car, even though she was reportedly not yet in custody. There is no word on whether, based on her personal experience with interrogations, she believed she was in custody. In other words, Heller is raising the issue of whether people involved in accidents can be questioned without Miranda rights when not in custody.
Sources close to the case told TMZ that Heller made some mistakes when filing the legal documents in support of his request. One such mistake involved attaching a letter praising his client, which according to TMZ “has been purged from his legal documents.” In addition, the attorney called his filing a “Bill of Particulars,” which is reportedly “almost” unheard of in California courts. There is no word on whether the judge in the particular case has heard of such filings.
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