02/26/2013 10:50 am ET Updated Feb 26, 2013

Lindsay Lohan Wants Lying-To-Cops Case Dismissed

Lindsay Lohan's new lawyer is certainly trying hard to get his client off the hook.

Lohan's attorney Mark Heller has filed a motion seeking dismissal of the actress's lying-to-cops case on grounds that she wasn't read her Miranda rights, but as TMZ reports, it doesn't sound like it's going to work.

In January, Lohan pleaded not guilty to three misdemeanor charges of lying to police, reckless driving and obstructing police from performing their duties related to a car crash that took place in June 2012. Lohan allegedly lied to police when she claimed she wasn't the one driving the Porsche that crashed into another vehicle on the Pacific Coast Highway.

The "Mean Girls" actress entered that plea while she was still with her old lawyer and it looks like Lohan may regret the change in counsel, since TMZ reports that Heller is way off base in his motion to dismiss. According to the website, Heller's motion is baseless as there was no need for police to Mirandize the actress since she wasn't in their custody, and it's "perfectly legal to question people involved in a car accident without reading them their rights."

Sources told TMZ that Heller made some big mistakes when he filed the documents, which also included a motion to suppress evidence, a motion to continue the case and a motion to dismiss charges.

The last ditch efforts come as no surprise since the case isn't looking good for Lohan. Last week it was reported that Lohan's ex-assistant Gavin Doyle was served with a subpoena by the Los Angeles City Attorney's office earlier this month, and will have to testify in court. It was Doyle who reportedly told the cops that Lohan was driving when the car crashed, and since the two had a huge falling out in Novemeber, there is reason to believe Doyle's testimony will only hurt the actress's case.

Lohan was scheduled to return to court on March 1, and if the case goes to trial and she's found guilty, she facing up to 245 days in prison.



Lindsay Lohan