Lindsay Lohan claims police never Mirandized her

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Lindsay Lohan, who ditched her longtime lawyer Shawn Holley in favor of the New York-based Mark Heller, has filed a motion to dismiss charges that she lied to the police after a car accident last year. Heller said police never read the actress her Miranda rights.

But as TMZ explained Monday, the 26-year-old actress wasn't in police custody when they questioned her, so cops had no need to read Lohan her rights. The gossip site also said that Holley had made "hugh mistakes" in his court filings.

Santa Monica officials charged Lohan with obstruction, giving false information to an officer and reckless driving after the actress crashed her Porsche into a dump truck last June. Police say Lohan, who could face jail time, inititally told them her assistant was behind the wheel.