The actress avoids jail time despite failing a drug test while on probation.
Lindsay Lohan is not going to jail. On Friday, Beverly Hills Superior Court Judge Elden S. Fox ordered the starlet back to rehab – not back to jail – for violating the conditions of her DUI probation, when she tested positive for a random drug test in September.
Judge Fox ordered Lohan to stay at the Betty Ford Center, a rehab facility she checked into late last month, until January 3, 2011. “You’re staying there past the New Year and there is a reason for that,” Fox said in court on Friday morning.
The judge also ordered that Lohan’s SCRAM device, which has been attached to her ankle, can be removed. The actress was reduced to tears by the ruling and thanked the judge, according to Access Hollywood’s reporter inside the courtroom.
Prior to Judge Fox’s ruling, the Los Angeles District Attorney recommended Lohan get jail time – 180 days (6 months) – for her probation violation. The DA pointed out that Lohan’s current stay at the Betty Ford Center is her fifth time in rehab.
“This is an ongoing cycle,” DA Danette Meyers told the court, adding that the only way the court would get Lohan’s attention – in the DA’s opinion – would be by sending her to jail.
Lohan’s lawyer, Shawn Chapman Holley, argued that, “relapse is part of recovery,” and noted that the actress “chose a rehab that is known to be hardcore.”
Among the evidence presented to Judge Fox at the hearing included a report from Betty Ford, a handwritten note from Lohan and a probation report. While giving his ruling, the Judge had strong words for the actress. “You are an addict and I hope you understand that,” he said.
He also advised Lohan that she needed to think about the future, noting that if she were to fall off the wagon again, “you won’t be the first.”
“You will become unemployable,” he added. “Uninsurable.”
In addition to the court ordered rehab, Lohan was ordered to undergo random drug testing. “Hopefully you’ll put this long episode behind you,” he added.
As previously reported on AccessHollywood.com, Judge Fox revoked Lohan’s probation in September after she violated the conditions of that DUI probation by failing a court-mandated drug test, a test which came just days after spending more than 20 days in court-ordered rehab at UCLA Medical Center and a 13-day jail stint.
The judge sent Lohan to jail after a September 24 hearing, but his ruling was overturned after the actress’ lawyer filed an appeal with the court. Judge Patricia M. Schnegg, who presided over Chris Brown’s case, was the one who overturned Fox’s ruling that Lohan be held in jail without bail until her October 22 hearing. Schnegg cleared the way for Lohan’s release, setting her bail amount at $300,000.
Days after posting bail, Lohan was spotted visiting teens and the homeless at a Los Angeles shelter. A few days later, Lohan checked into the Betty Ford Center in Rancho Mirage, Calif., where she has spent nearly a month in treatment.