Another day, another drama for Lindsay Lohan. The actress' new lawyer Mark Heller has requested to have a case against Lohan in which she's accused of lying to the cops thrown out.
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According to TMZ
, Heller claims that Lohan wasn't read her Miranda rights after her June car crash, for which she is now being charged with lying to authorities. However, there was no legal need to read Lohan her rights since she was not in custody and there is no law against questioning people involved in a car crash without being Mirandized.
Heller says Lohan was denied her request for a lawyer and that the police were really mean to her, the website reports
. According to the filing, Lohan was not allowed to leave and was told that "it would be worse for her" if she refused to answer any questions. Suspected of a DUI, Lohan was also administered the one-leg stand test at the hospital and reportedly passed.
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But according to TMZ, Heller's claims are completely unfounded, since Lohan's entertainment lawyer was reportedly present for the entire interview. Heller also filed a "Bill of Particulars" — in which he included a motion to suppress evidence, a motion to continue the case and a motion to dismiss charges — that is almost unheard of in California courts, the site says. The letter has since been purged from Heller's legal documents.
No matter what Heller asserts, this will be a tough case for Lohan to beat since law enforcement claims that Lohan lied to them from the beginning. She was only charged after authorities learned that Lohan lied during the post-crash interview, during which she claimed that her assistant Gavin Doyle, not her, was driving the Porsche at the time of the accident.