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Lindsay Lohan

Smelled of Booze After Crash

New Plea Deal in Works

2/27/2013 1:00 AM PST BY TMZ STAFF
EXCLUSIVE

0226-lindsay-lohan-crash-tmzLindsay Lohan may have been drinking just before she crashed her Porsche last June on Pacific Coast Highway ... TMZ has learned. Nevertheless, prosecutors are offering her a brand new plea deal that does NOT involve jail.

Law enforcement sources tell TMZ ... a bottle of alcohol was found next to Lindsay's Porsche, and we're told her breath smelled of alcohol. For some reason, cops did not perform a field sobriety test at the scene of the crash.

Sources tell us ... the Santa Monica City Attorney is prepared to offer Lindsay 60 days in a residential rehab facility in her lying-to-cops case -- where she said she wasn't driving the Porsche. That's 4 months less than the original offer.

In addition, we're told the City Attorney wants Lindsay to attend another set of AA meetings. And he wants her to do community service. We're told the prosecutor will let her do the community service in New York City, but -- unlike Chris Brown -- it must be closely monitored.

The wild card is that the L.A. City Attorney is also involved in the case because they're handling the jewelry heist case where Lindsay is still on probation. Up to now, we're told the L.A. City Attorney wanted jail time for the probation violation, but the prosecutor may back off that position.

The plea bargain meeting between prosecutors and Lindsay's lawyer, Mark Heller is today ... so stay tuned.

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1018 COMMENTS

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91.

Jan    

What will authorities do when she ends up killing someone...more community service?

605 days ago
92.

Sam    

Hey Fudgie, no one's immune from a civil trial you imbecile.

District Attorney Charles Hynes accused ofhat wrongly jailed man; faces trial in April

Hynes' appearance on the other side of a case comes as Jabbar Collins was released in 2010 after serving 15 years for a crime he did not commit and for protecting the questionable actions taken by bureau chief Michael Vecchione, which included threatening witnesses.
Comments (15)
By John Marzulli / NEW YORK DAILY NEWS

Friday, February 15, 201

Jesse Ward/for New York Daily News

Brooklyn District Attorney Charles Hynes (left) faces an upcoming civic trial for being “deliberately indifferent” to misconduct by prosecutors in his office.


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Convicted murderer to get new trial due to alleged misconduct by prosecutors.
..

A federal judge has put Brooklyn District Attorney Charles Hynes in the unusual position of having to defend himself before a jury — against claims he is “deliberately indifferent” to misconduct by prosecutors in his office.

The judge ruled Friday that Jabbar Collins, who served 15 years for a murder he did not commit, can argue at his upcoming civil trial Hynes has never disciplined an assistant district attorney in “scores” of prosecutorial misconduct cases.

It is extremely rare for a judge to allow such an accusation, known as a Monell claim, to go forward against a district attorney’s office in New York City, legal experts told the Daily News.

The Brooklyn federal judge who threw out Collins’ conviction in 2010 called the conduct of prosecutors — including rackets bureau chief Michael Vecchione — during the trial and subsequent appeals “shameful.”

RELATED: EX-LAPD GUNMAN WAS 'PROFESSIONAL,' SAY HOSTAGES

Hynes responded with a press release announcing Vecchione would not be punished because he had done nothing wrong.

In Friday’s decision, Judge Frederic Block wrote, “The Court concludes that Collins’ allegations regarding Hynes’ response — or lack thereof — to misconduct by Vecchione and other assistants make plausible his theory that Hynes was so deliberately indifferent to the underhanded tactics that his subordinates employed as to effectively encourage them to do so.”

Collins’ lawyer Joel Rudin said in a statement he would immediately seek videotaped depositions of Hynes and Vecchione.

Pearl Gabel

Jabbar Collins poses in this undated photo with his children. Collins was released ater 15 years of false imprisonment and has been given permission to argue at Brooklyn District Attorney Charles Hynes' upcoming civil trial that the DA never disciplined an assistant district attorney in “scores” of prosecutorial misconduct cases.

The timing couldn't be worse for Hynes, who faces a tough re-election battle this year from former Brooklyn federal prosecutor Kenneth Thompson and former Manhattan Assistant District Attorney Abe George.

RELATED: B'KLYN DA IN HOT SEAT FOR WRONGFUL CONVICTION

Collins’ Monell claim survived motions to dismiss despite a daunting burden to show Hynes was aware of his subordinates’ unconstitutional conduct and did nothing.

A spokesman for Hynes declined to comment.

Collins was convicted in 1995 of fatally shooting Rabbi Abraham Pollack during a robbery and sentenced to 33 years to life.

When a key witness tried to recant, Vecchione allegedly threatened to smash him over the head with a coffee table, and employed illegal tactics to pressure him to stand by his previous testimony, according to court papers.

Vecchione is accused of fabricating evidence Collins and his family threatened another witness.

The city, the district attorney’s office and two NYPD detectives involved are named in the $150 million lawsuit The judge granted Vecchione and two other prosecutors immunity. The trial is scheduled for April 8.


Read more: http://www.nydailynews.com/new-york/brooklyn-da-charles-hynes-faces-civic-trial-ignoring-staff-misconduct-article-1.1265842#ixzz2M6b8XyBT

605 days ago
93.

jen    

what a effin joke............

605 days ago
94.

jdizzla a    

Wtf

605 days ago
95.

Truth    

The girl is brilliant at "owning" the Judicial System in LA. She's got the juice of the late John Gotti when it comes to being above the law. Got to give her BIG credit for that but its too bad she can't seem to "own" her career in the same fashion that she "owns" the Prosecutor and The Judge. Either way the Girl has skills.

605 days ago
96.

Andyconda#LITTLESTAR    

Hey Brainiacs, you do realize "D.U.I." means Driving under the influence?? that doesnt mean it was alcohol..It could be any Mind altering substance.the Vodka bottle doesnt mean shyt..Of course she smells like booze..It comes out in you pours from the night before..but the pills scatered all over the car and her reaction Still say DUI from scripts..and she had admitted before of being in a Ambian Haze..

605 days ago
97.

Martring    

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605 days ago
98.

kate    

TMZ you got caught again she was not drunk or drinking you wrote it yourselfe and it is in the police report.........

605 days ago
99.

Bear King of the Dead Thread Heads (and he means it)    

What a little puke.

605 days ago
100.

Grandma Cracker    

Wow, this is kind of a disappointing outcome for Lindsay. It puts her right back into the pre Betty Ford days and the cycle of forced AA (bummer), and when she gets out she will be back on the sneak drink and party cycle. This does nothing to help her......)-;

605 days ago
101.

Andyconda#LITTLESTAR    

wouldnt that be great if the pills and false Scripts pop up??and there are other problems we dont know about..Like suspended license, No insurance,...I duess it was Gavin and his vodka bottle

605 days ago
102.

Dr Samuel Weiscrak    

Legal motions filed in the case state Sergeant Fine and Officer Skogh of the SM Police dept. did a sobriety check on Lindsay at the hospital. Officer Skogh, in the presence of Sergeant Fine, administered a Horizontal Gaze Nystagmus Test, a standardized field sobriety test (FST) that police often administer in order to gauge whether a DUI suspect is under the influence of alcohol. She showed no sign of nystagmus and passed the test. He checked her pulse, it was normal. He did not note any signs of impairment. According to the motion he did not smell alcohol on her breathe either. Officer Skogh further asked Lindsay to perform a One Leg Stand test, which she did easily. Sergeant Fine and Officer Skogh were satisfied that she was not impaired and concluded their interrogation. No evidence was found to substantiate that she had been drinking. Had such evidence existed prosecutors would have filed a DUI charge in addition to the current charges. They did not.

In short, TMZ is full of sh*t and stirring the pot by carefully parsing their words like the low life gossip tabloid jerks that they are.

605 days ago
103.

Andyconda#LITTLESTAR    

isnt there a Insurance company from Lifetime, and the Car insurance waiting to see how this plays out??so they can SUE her Golem looking ass off? I think so..someone has to be responsible on paper

605 days ago
104.

wingfreak    

Must suck to be a cop in LA and risk your life bringing in criminals just so the DA can set them free. when she kills someone she will get sued and so should the city of LA. How is it considered protecting when you just catch and release. Again and again. They should be wayyyyyy beyond plea agreements at this point!!!

605 days ago
105.

STFUP    

Lindsay's Public Service Announcement:
-
Hi I'm Lindsay Lohan. I'm a worthless, STI-ridden, coke-headed, has-been piece of human trash. I had a great career as an actress as a child, but I decided to throw that all away and start circling the drain of life by doing drugs, drinking like a fish, lying to police, stealing jewelery and being a general thorn in the side of the CA justice system.
-
Now I've resorted to hor-ing myself out to rich middle eastern shieks, becuase the IRS has frozen my accounts and I'm desperate for any way to get more money to fuel my totally destructive lifestyle.
-
Oh wait. I just relized after all the s**t I've pulled, I've never served any REAL jail time. OK. C'mon everyone, move to California and you can darn near get away with murder - just like me!

605 days ago
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