Expert: Lohan Charges No Big Deal

Defense Lawyer Mickey Sherman: Would Be First Offense, And Tiny Amount Of Cocaine Allegedly Involved

(CBS)  Charges stemming from Lindsay Lohan's latest vehicular accident probably won't amount to much, a leading defense attorney said Monday.

CBS News consultant Mickey Sherman says Lohan isn't "in as deep problems as you would think."

Lohan was arrested on suspicion of driving under the influence after her 2005 Mercedes SL-65 convertible hit a curb at 5:30 Saturday morning. Authorities said they found what they believe to be cocaine at the scene.

The actress, 20, and two other people were in the car her when it crashed on Sunset Boulevard, and it appeared she was speeding, police said.

Officers at the scene found a "usable amount" of a drug tentatively identified as cocaine, a police spokesman said.

---

Photos: Celebrity Mug Shots

---

Lohan, who spent time in rehab earlier this year, was driven in another car to a hospital for treatment of minor injuries, police said. The two other people in her car weren't hurt.

Officers got a 911 call about the accident and arrested Lohan at the hospital for investigation of misdemeanor driving under the influence of alcohol or drugs, police said.

---

Photos: A Year of Lohan

---

She was released from custody because she was admitted to the hospital, they added.

"As far as we know," Sherman told co-anchor Hannah Storm on The Early Show Monday, "she doesn't have a record for DWI (driving while intoxicated), she doesn't have a prior conviction and, unlike Paris Hilton, to our knowledge, she's not on probation for any of these things.

"So, even listless, misguided, spoiled celebrities are often entitled to, you know, a first bite at the apple. In all likelihood she'll get some type of diversionary program or first offender program.

"But the fact that it's just a usable quality, (as opposed to) a selling quantity, she's not going to be charged with anything extraordinarily serious, as far as the cocaine's concerned..

---

Photos: Livin' La Vida Lohan

---

"Plus, you have a gap. She wasn't in the car. She went to get help. You know, she could always say, (and it) may or may not be true, that she had drinks after, in fact, the accident and before she got to the emergency room. Sounds contrived, but it often happens."

So, Storm asked, there might not be any sort of blood alcohol test that would be admissible in court?

"Well," Smerman responded, "(there) may be, but the question is, how relevant can it be, because if she says, 'Just before I went to the hospital, I was so upset, I went across the street to the bar and had drinks.' You know, that may not be supported by facts, but, you know, eventually the police are going to get to the hospital, get the records, find out if there's alcohol in her system — and don't forget the charge is under the influence of alcohol and/or drugs. So, if they can show that she had an opiate in her system, that could convict her as well. Then again, it appears to be a first offense and the key thing is, nobody got hurt except a couple of trees off Sunset (Blvd.)."

Technically, Sherman noted, when Lohan left the scene to go to the hospital, "That's a crime. Then again, it's not like she took the plates off the car or had somebody remove the car. She left the car there, her Mercedes is there, registered to her or her people, as we say, so I don't think that's a big deal, (that) she left the scene. It would be had she hit somebody and there were injuries. But just herself, it's a crime, but it's like an infraction, not a big deal."

Sherman added, "The Internet is filled with her coming from the bar, running from the -- from her car after the accident. This woman doesn't do anything that's not videoed. So, she's under enormous pressure. In all likelihood, a judge will order her, or her lawyer will say, 'Get some help before they even order you to do it.' "

The weekend crash was Lohan's third accident in roughly two years.

In October 2005, Lohan and a passenger sustained minor injuries when her convertible hit a van in West Hollywood. Authorities said the van driver, who also received minor injuries, was at fault.

Months earlier, Lohan collided with a minivan when she made a U-turn as the van, carrying paparazzi, followed her from a Los Angeles restaurant. A photographer was arrested for investigation of assault with a deadly weapon but prosecutors declined to charge him.

That crash was credited with prompting Gov. Arnold Schwarzenegger to sign a law that set steep financial penalties for paparazzi who commit assaults while trying to obtain celebrity photos.

[sweetsher29]

Ok so she can go out and do drugs and cocaine and get what...a slap on the wrist. What does she have to do kill someone in her drunkeness to get put in her place? Who does she think she is GOD??? Where is MADD when you need them? I bet they could get results and then it wouldn't be "no big deal". What a crock!

[firebirdguns]

Why is there a double set of standards for these people she needs to do the same time any other person caughnt under the same conditions.

[rafterman1]

Only 20 years old, just out of rehab and gets a DUI, with coke found. Naw, no big deal at all. I'm sure she's headed for a long and fruitful life.

[jsmithcsa]

How can it not be important that someone below the legal age was drunk? How can it be not a big deal that this person was driving a car? As others have said already, if it were one of us reg'lar joes, we'd be locked up. If she skates on this, LA should fire their prosecutor for favoritism.

[ramos937]

Let me be found in CA under the same circumstances. I would still be a guest of the sheriff. These laws apply to her as well as to me or they do not apply to anyone. I hope the authorities keep this in mind.

[jbf1973]

What's wrong with this picture? She is 20 yrs. old legal drinking age is 21. She left the scene of an accident. She was DUI. They found cocaine a controled substance. Then to top it off why are the clubs that serve her not being prosecuted it is a well known fact she is UNDER AGE!!! So why would she not continue to do as she pleases there are no consiquenses!!!! Let's get a grip people and prosecute these kids before they kill someone!!!!!

[sherbear178]

I hate to see people saying this is no big deal. Many innocent people are killed daily by people driving under the influence. I know she didnt kill anyone...this time but what about all the next times. When does it become a big deal?

[hermit22]

california has the largest collection of the dumbest drivers i've ever seen in my life.

my hobby when i was there was to write down the tag numbers of the COP cars that broke driving rules.

[kalenakalena]

She's already pitiful and washed up before she's even legal to drink. What a waste of newsprint. She, Paris and Britney are all sad and pathetic. I think they are all in competition for who can be the worst example of Hollywood idiocy.

[perimogi]

This is what is wrong in our society. A little bit of drunk driving, a little bit of cocaine and no problem. It may not affect her greatly criminally, but it is destroying her life. It does make a difference.

[perimogi]

This is what is wrong in our society. A little bit of drunk driving, a little bit of cocaine and no problem. It may not affect her greatly criminally, but it is destroying her life. It does make a difference.

[cindygoetz]

It's sad that's it's no longer a "big deal" to take drugs, drink, and then drive. How do we keep all these potential "killers" off our roads when it's not a "big deal"?

[nyckate]

If the average 'jane citizen' had done this she'd have spent the weekend in jail waiting to go before a judge and get bail...

I don't know if Lohan belong in jail but she does need her butt kicked - she's got everything a young woman could wnat and yet she's a mess. No excuse for this.

[vinepetal904]

' ... i was in a restaurant with my parents. more than several small children walked out of the bar area and directly passed our table. not all at once, but one or two or three every now and then. my mom asked why there were nothing but children coming out of the bar. i told her that a child dies each 3.6 seconds by hunger alone and that bars were invented to serve war sheros. ... '

[toldyouso21]

Some expert. Fleeing the scene of an accident is worth 45 days in jail.
Posted by cbscrash07 at 03:23 PM : May 28, 2007


A few years ago, Halle Berry hit a pedestrian while on a drunk. She left the scene of the accident. No time in Jail, but she did bat her eyes and say she was "really, really sorry" Really.

[toldyouso21]

The charges against this pop tart won't amount to much because the judicial system is inherently sexist, and that means that men go to jail and women go to the spa.
Posted by techresmgt at 12:32 PM : May 28, 2007


right. Which is why Stallone got off, and many others. The fact is--it is not women who walk (the womens' prisons are full of nonwalkers) it is those who are elite. The old story of the power of money. If you have it, you can do no wrong--it is not the rich who are fvcked up in this country--it is the mindset of those who excuse them and think they deserve different rules than the rest of society.

[toldyouso21]

"So, even listless, misguided, spoiled celebrities are often entitled to, you know, a first bite at the apple. In all likelihood she'll get some type of diversionary program or first offender program.

"But the fact that it's just a usable quality, (as opposed to) a selling quantity, she's not going to be charged with anything extraordinarily serious, as far as the cocaine's concerned.."

This attorney better take a walk into the real world and the criminal justice system especially in small town America.... first time possessors of drugs are often charged with crimes and either spend time in jail--or get probation--but what they also get is a criminal record which will haunt them for the rest of their lives. But I guess it is no big deal--because the Public chooses not to treat it as a big deal. And who said the Peasant mentality was defunct? America craves a king (Bush) and royalty (celebrities)and are willing to accept any crime (Including murder) as the right of their adored elite. Pathetic.

[lescrivens]

When does a story about celebrity DUI turn into a political discussion? I mean come on people.

Since our county has open access to certain court records, I did some research into what an average first time offender gets. She will probably get $335 fine, 3 months of first-time offender alcohol and 3 years of informal probation [non-supervise]. The drug charge will result in 3 years [formal, supervisied probation] with 1X day AA court-order attendance, and entrance in a drug diversion program. What Lindsey actually gets a whole different story but that is what average joe would get in the OC

Sherman is doing the same job that any defense lawyer would do for 2500 dollars. Lindsey gets the humiliation of a DUI on a national level which isn't always enough for a rich young drug addict

[arohanui-2009]

Another spoilt, mindless, empty headed brat. No thoughts for anyone but herself. Why would she be worried about something happening that could affect innocent bystanders whilst driving drunk and high? Always a high priced lawyer in the wings to dumb everything down and say it was no big deal. Cocaine possession and drink driving no big deal?!! Only in Amerikey.