Lindsay Lohan Wants Case Dismissed, Says Wasn’t Read Miranda Rights

Lindsay Lohan‘s lawyer, Mark Heller filed a motion in court yesterday seeking dismissal of Lindsay’s lying-to-cops case on the grounds she wasn’t read her Miranda rights. But apparently, Heller is way off base and there was no need to read Lohan her Miranda rights because she was not in custody after the car accident.

If you recall, Lindsay Lohan got in a car accident back in June of last year. She lied when she said she wasn’t driving the Porsche that crashed on Pacific Coast Highway. She tried to make her assistant lie and say he was driving, but he’s since been subpoenaed to testify against her.

lindsay lohan car wreck Lindsay Lohan Wants Case Dismissed, Says Wasnt Read Miranda Rights

(Photo Credit: AP/Splash)

Apparently Lindsay asked for a lawyer before talking to the cops at the scene of the accident. But it’s perfectly legal and normal for cops to question those involved in a car accident about what happened. She claims when she requested a lawyer they said no and grilled her. Allegedly Lohan’s entertainment lawyer WAS present during the interview, and her former lawyer Shawn Holley, at the time, was on her way to the hospital room where Lindsay was but was a few minutes too late.

Mark Heller says in his docs, that cops told Lindsay she was not free to leave and if she refused to answer their questions “it would be worse for her.” He also states that Lindsay was suspected of a DUI, and cops gave her the “One-Leg-Stand Test” at the hospital and she passed.

What it all comes down to though is Lindsay’s lawyer is filing documents in court which they have no grounds to stand on. They want the case and charges dismissed, but several witnesses and sources say Lindsay Lohan lied from the get-go on the scene that she was no driving the car, when in fact she was. Let’s see if Lindsay’s new lawyer can keep her out of jail as much as Shawn Holley did. Doubtful from the way it currently looks!