Lohan will not need to be present for Wednesday's arraignment on charges she lied to Santa Monica police, was driving recklessly and obstructed an officer from performing duties related to the crash investigation. She remains on probation for a 2011 necklace theft case and could be sentenced to 245 days in jail if a judge determines her conduct was a probation violation.
Her attorney Shawn Holley did not immediately return an email seeking comment.
City attorney's spokesman Frank Mateljan said any probation violation proceedings are likely to be heard after the Santa Monica case. Prosecutors allege Lohan lied about being a passenger in her Porsche when it crashed on Pacific Coast Highway on the way to a film shoot.
The "Liz and Dick" star was released from supervised probation in March after completing several months of court appearances and morgue cleanup duty.
Lohan has yet to be booked on the new charges and a judge on Wednesday will likely set bail and the terms of her release.
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