The case in question is the result of her June 2012 car accident after which Lindsay was charged with three misdemeanor counts of lying to the police, reckless driving and obstructing police from performing their duties. According to lawyer Mark Heller, Lindsay wasn’t read her Miranda rights.
The actress pleaded not guilty to all three charges at a hearing in January while she was still being represented by her former lawyer. According to a report on TMZ, though, the lawyer may be out in left field with his motion. According to police, they are not required to Mirandize people not in their custody. There is no legal requirement to Mirandize people being questioned after an accident.
Heller also filed other motions including a motion to suppress evidence, the dismissal and a motion to continue the case. These may all be stalling tactics because the case against Lohan looks pretty strong. Her former assistant, Gavin Doyle received a subpoena from the Los Angeles City Attorney requiring him to testify in court. It was Doyle who reported Lindsay as the actual driver of the car and since their falling out, Doyle’s testimony is bound to hurt Lindsay’s case.
As things stand, the actress is due back in court for her lying-to-cops case on March1. She faces a maximum sentence of 245 days if convicted.
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