Belfast Telegraph

Sunday 24 May 2015

Lohan lawyer fails to get case dismissed

Mandatory Credit: Photo by Buzz Foto / Rex Features (1975220d)
Lindsay Lohan
'Good Morning America' TV show, New York, America - 16 Nov 2012
Mandatory Credit: Photo by Buzz Foto / Rex Features (1975220d) Lindsay Lohan 'Good Morning America' TV show, New York, America - 16 Nov 2012

Lindsay Lohan will face trial on March 18 after her lawyer Mark Heller failed to get her car crash case dismissed.

The 26-year-old actress was not present in a Los Angeles court on Friday morning to hear her attorney Mark Heller attempt to get the case thrown out.

Lohan has pleaded not guilty to misdemeanour charges of reckless driving, lying to police and obstructing officers after her rented sports car crashed into a truck in June 2012.

She will now face trial on March 18, after Judge James Dabney threw out Mr Heller’s motion.

He informed the attorney that any motion to dismiss the case must come during the time of arraignment under state law.

Mr Heller wanted the suit discharged on grounds that Lindsay was not read her Miranda rights after the accident.

But the judge dismissed Heller’s concerns, saying Lindsay’s fourth amendment rights had not been violated.

The magistrate then called into question the New York based attorney’s suitability in handling the case in accordance with California law.

“Somebody needs to come in to assist you who has some experience in California law or Miss Lohan is going to have to come in here and waive her right to have attorneys who are competent in California law and procedure to go forward,” he told Mr Heller.

Lindsay was on probation at the time of last year’s accident, stemming from a 2011 jewellery theft case and faces time in jail if found guilty.

Mr Heller also failed in efforts to get the trial date moved to April 1 asking the judge to, “Give [Lindsay] leeway to show that she's worth of compassion.”

"I don't know how the next two weeks is suddenly going to change the history of this case," the judge replied.

The actress was recently reported to have been offered a 60-day rehab stint as a plea bargain, but is said to have turned it down.

Mr Heller is now representing Lindsay, after she split from her long-standing attorney Shawn Chapman Holley.

It is rumoured the actress is unhappy with her current lawyer. In the past his legal licence was suspended for five years.

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