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Lindsay Lohan reportedly too ill to travel to pretrial hearing

Lindsay Lohan attends the Mr. Pink Ginseng launch

Lindsay Lohan attends the Mr. Pink Ginseng launch party at the Beverly Wilshire hotel in Beverly Hills, Calif. (Dec. 11, 2012) Photo Credit: AP

Lindsay Lohan will not attend her pretrial hearing in a probation-violation case in Los Angeles Wednesday because her new attorney says she is too ill to travel from New York.

Mark Heller -- who recently replaced Lohan's longtime defense attorney Shawn Holley -- filed a notice with Los Angeles Superior Court Judge Stephanie Sautner Tuesday saying Lohan has contracted the flu, E! Online reports. According to, Heller submitted a doctor's note saying Lohan, 26, has an upper respiratory infection that prevents her from flying and poses a public-health concern. In addition, the site said Heller provided a newspaper article reporting on New York City's flu epidemic. TMZ also posted photos taken Saturday of Lohan shopping in SoHo.

While Heller is scheduled to attend, he is not licensed to practice in California and, following state bar practices, has retained an attorney there to sponsor his application to represent Lohan.

Sautner was the justice last March who ended probation on Lohan's 2007 DUI convictions and changed the probation in Lohan's separate jewelry-theft case from formal to informal through May 2014. That probation ended on Dec. 12, when Lohan was arraigned on three misdemeanor charges related to a June 8 car crash in which her Porsche collided with an 18-wheel truck.

"You need to live your life in a more mature way, stop the nightclubbing and focus on your work," Sautner told Lohan in March. The admonition came after the judge conducted several monthly updates with the actress and required her to perform morgue cleanup duty to complete her sentence in the 2007 drunken driving case.

Lohan has since filmed two movies but has repeatedly gotten into trouble, including a pair of arrests in New York that have not resulted in charges.

If the misdemeanor charges of lying to authorities and reckless driving constitute a violation of probation, Lohan faces up to 245 days in jail. Her trial is scheduled for Feb. 27.

-- With The Associated Press

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