The lawyer for Tracie Rice, a passenger in the car Lindsay was chasing, claims during her deposition last month, LiLo refused to answer questions "regarding her drug use and/or possession on the day of the incident."
In legal papers obtained by TMZ, Rice's lawyer, Paul Hoffman, claims Lindsay invoked her Fifth Amendment right against self-incrimination and refused to answer the question.
As TMZ previously reported, when police pulled Lindsay over they allegedly found traces of cocaine in her pants pocket. She was booked for possession of cocaine but never charged for that crime. Lindsay eventually pled no contest to two counts of DUI. She also pled guilty to two counts of being under the influence of a controlled substance.
Hoffman claims there's no problem with self-incrimination because the criminal case is over.
In the Santa Monica Police Department report, it shows Lindsay's urine test showed the presence of cocaine.
Hoffman wants a judge to force Lindsay to answer the question. He also wants the judge to force Lindsay to answer whether she feels remorse over the incident.