Lindsay Lohan -- or her attorney -- is trying to escape her "lying to the police" case, which stems from her Pacific Coast Highway rear end crash last summer. Her new lawyer, Mark Heller, filed a motion on Monday to dismiss the charges, saying that the troubled actress wasn't read her Miranda rights.
It's an interesting tactic, but in order for it to work, Lohan would have had to be under arrest. The public is not read Miranda rights until they are arrested. In Lohan's case, she was not in custody, and was simply being asked questions about the PCH crash.
Lindsay Lohan's problem is that she lied when she said she wasn't driving the rented Porsche that crashed last June into the rear of a truck on the PCH last June. The charges of lying to the authorities also triggered a probation violation for her earlier jewelry theft case.
Sources said that Heller, LiLo's new attorney, made several errors when he made his filing, not the least of which is the fact that he filed incorrectly, as noted above. Other mistakes that were noted, though, were that Heller attached a note to the prosecutor praising Lohan, and that's a no-no -- "attempting to influence judges outside of court."
Fortunately, someone corrected Heller's error, and the the letter has been purged from his legal filing.
Mark Heller, Lohan's new lawyer, is not licensed to practice in California and was once suspended from practicing law for five years. In order to represent her, he was required to seek a California-based legal sponsor.