Lindsay Lohan Judge Won’t Toss Case, Chastises Lawyer

By ABC News

Mar 1, 2013 2:43pm
gty lohan lawyer nt 130301 wblog Lindsay Lohan Judge Wont Toss Case, Chastises Lawyer

                                        (David McNew/Getty Images)

Lindsay Lohan is going to trial.  The judge in the case stemming from her California car accident last June refused on Friday a dismissal or delay requested by Lohan’s new attorney Mark Heller.

The New York-based attorney claimed Lohan’s case should be thrown out because police didn’t advise her of her Miranda rights before questioning her about the accident.  Los Angeles Superior Court Judge James Dabney informed Heller that California law didn’t require a reading of Miranda rights in such a situation, and went on to criticize Heller’s apparent lack of understanding of state law, noting mistakes is the lawyer’s filings.

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Heller made another gaffe when  the judge reaffirmed the March 18 trial date, noting that the trial couldn’t be delayed until April 1 because it’s a holiday.  When Heller joked he wasn’t aware April Fool’s Day was a holiday, Dabney informed him that in California, April 1 is Cesar Chavez Day, in honor of the late labor leader and civil rights activist.

In denying Heller’s request to delay the trial, Judge Dabney ordered that an attorney who’s competent in California law must join Heller at trial, or Lohan will have to waive her right to an attorney.

Lohan faces misdemeanor charges in connection with her car accident on the Pacific Coast Highway last June. She has pleaded not guilty to lying to police, driving recklessly and obstructing an officer from doing his duties.

Lohan was not in court for Friday’s proceedings.

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