clairejaygreen: Lindsay Lohan Dodges Jail After Probation 'Violation'

Thursday, June 23, 2011

Lindsay Lohan Dodges Jail After Probation 'Violation'

Judge rules that under plea terms, actress was no longer required to undergo alcohol testing.
By Gil Kaufman

Lindsay Lohan leaves the Airport Branch Courthouse after her probation hearing in Los Angeles on Thursday
Photo: Kevork Djansezian/Getty Images

Despite reports that she violated her probation from a 2007 DUI case by testing positive for alcohol this month, troubled actress Lindsay Lohan was able to avoid getting sent back to jail yet again on Thursday (June 23) when she appeared in court on the allegations.

In this case, the actress dodged a legal bullet on a technicality, one that will seemingly allow her to serve out the rest of her home confinement on a recent misdemeanor theft charge without having to go behind bars. TMZ reported that judge Stephanie Sautner ruled on Thursday that the prior judge in the case only required controlled-substance testing from January 3 to February 25 of this year.

According to the site, Lohan's probation report made a strong recommendation that the actress be sent back to jail because she seems unable to stop partying. The report, submitted to Judge Sautner, says that Lohan failed an alcohol test on June 13 — the day after she was photographed partying on the roof of her Venice, California condo with friends — and also refused two prior drug tests, on May 31 and June 2; it noted that she passed another drug test on June 9.

"The defendant's behavior indicates she is not attempting to change. It appears that the defendant does not view being on the electronic monitoring program as a privilege," wrote her probation officer, who recommended that Lohan should serve "suitable time in custody" as a result of the alleged violations.

As a result of the information in the report, Sautner said Lohan is now restricted to having one friend at a time at her Venice loft, in addition to family members, and no parties, for the remainder of her house arrest. Sautner said the only thing Lohan was guilty of was "extremely poor judgment."

In an unusual twist, the hearing also revealed that the probation department can't test Lohan for drugs or alcohol anymore because there is no court order allowing them to do so, which appears to clear the way for the rehab veteran to consume alcohol again as long as she doesn't drive after drinking.

Lohan's lawyer could not be reached for comment on Thursday's proceedings at press time.

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