Lindsay Lohan's attorney Mark Heller hoping to have case thrown out on basis that cops did not read Lohan her rights

Lindsay Lohan’s attorney has filed a motion to dismiss her case on the grounds that she was not properly Mirandized.

TMZ reports that Lohan’s new attorney, Mark Heller, is seeking to have the case thrown out, claiming the cops not only didn't read her rights, but were also horribly mean to her.

However, officials tell the site that Lohan’s entertainment lawyer was present at the time of the accident.

As we previously reported, Lohan got in a car accident in June while on her way to the set of Liz & Dick. Following the crash on PCH, Lohan lied to police stating that she was not driving the car at the time of the accident.

Following an accident admission from her former assistant, and evidence to the contrary, Lohan has been charged with lying to police and reckless driving.

Lohan fired longtime attorney Shawn Holley and is now at the mercy of Heller. She is expected to appear back in court on the charges at the beginning of March.