Lindsay Lohan is reaching DEEP into her legal bag of tricks.
Her attorney, Mark Heller, has filed a motion of dismissal for the star’s lying to police case on grounds that she was not read her Miranda rights.
This is tantamount to throwing s–t at the wall, however.
Police sources scoff at the claim, noting that you don’t need to read someone’s Miranda rights when they are not being arrested or taken into custody.
Moreover, it is in fact legal to question individuals involved in a car accident without reading their rights, which is what happened to Lindsay Lohan.
During questioning, Lohan lied and said she wasn’t driving the Porsche that she crashed last June, instead claiming her assistant Gavin Doyle drove it.
Only after this lie unraveled was the actress criminally charged.
Heller also filed documents claiming that she asked for a lawyer but was denied by police who then proceeded to interrogate her as if she were a suspect.
The actress reportedly says police were really mean to her.
Heller says police told Lohan she could not leave and that if she refused to answer the questions, “it would be worse for her,” as a suspect for DUI.
The filing claims she took the “stand on one leg” test and passed. However, sources claim that LiLo’s entertainment lawyer was present for the interview.
Heller’s dubious claim is made even more so by the fact that he filed a “Bill of Particulars” in the case, something almost unheard of in California courts.
These include a motion to suppress evidence, a motion to continue the case and a motion to dismiss charges. It’s really not clear what his deal is.
He either knows Lindsay lied to police and is getting desperate, or this is all part of a broader strategy to legally hedge against a possible conviction.
One can’t help but wonder if Lindsay’s big plan is to let this guy eff up and appeal any conviction on the grounds of incompetent legal representation.
Considering who we’re dealing with …