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Lohan's Judge Refuses to Throw Out Case, Chastises Lawyer

ABC News(LOS ANGELES) -- Lindsay Lohan is going to trial.  The judge in the case -- the one in which the actress is being tried for charges stemming from her car accident last June -- refused on Friday to dismiss it or delay it, as Lohan's new attorney, Mark Heller, had requested.

In fact, Heller didn't appear to do much to help Lohan's case.  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.  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 California law, including noting mistakes he'd made in legal filings.

Heller made another gaffe when Judge Dabney 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 also emphasized 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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