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Judge says Lindsay Lohan violated her probation; star defends her behavior

July 6, 2010 |  3:04 pm

A Beverly Hills judge ruled Tuesday that Lindsay Lohan violated the terms of her probation when she failed to attend alcohol education classes in a drunk driving case.

[Updated at 3:07 p.m.: A tearful Lohan addressed the judge, saying: "I am not taking this as a joke. This is my life." She also said: "As far as I knew I was being in compliance with my program. When I would ask to leave town, they would give me permission to leave town. I wasn’t expecting any special treatment, other than the understanding that I have to provide for myself and my schedule is very different."]

Prosecutors argued Tuesday that the star of "Mean Girls," "Freaky Friday" and "Herbie Fully Loaded" failed to comply with the weekly attendance directive for her alcohol education classes. An operator of the class testified that Lohan had nine absences.

But Judge Marsha N. Revel was critical of program operator Cheryl Marshall for failing to report Lohan's absences to the court before the actress had her bail revoked when the alarm on her alcohol monitoring device was triggered on June 6. That was the same night that Lohan attended the MTV Movie Awards.

[Updated at 12:52 a.m. July 7: An earlier version of this post incorrectly said Lohan's alcohol monitoring device was triggered the night that Lohan had attended the MTV Music Awards.]

Under questions from the prosecutor, Marshall told the court that Lohan did not sign in on some days the program claimed she had attended and that her signature was on a sign-in sheet on a day she did not attend. Marshall revealed Lohan never attended group meetings but opted for one-on-one sessions because of privacy concerns.

Defense attorney Shawn Chapman Holley argued that Lohan was "absolutely on track to finish the program" and had complied with most of the court's orders.

In considering her punishment, Revel said she considered whether Lohan violated her probation only for the actress' failure to attend some scheduled alcohol education classes, not because the alcohol-detection bracelet that Lohan was ordered to wear had been triggered following the MTV Movie Awards.

On June 8, Revel issued an arrest warrant for Lohan after the alarm on her monitoring device was triggered. The alarm typically sounds when the bracelet is tampered with or if the person wearing it consumes alcohol. The SCRAM device, or Secure Continuous Remote Alcohol Monitor, checks for traces of alcohol in the air above the user's skin.

Revel ordered Lohan to be fitted with the device May 24 after she failed to show up the previous week for a mandatory progress review on whether she was abiding by the terms of her probation.

-- Richard Winton and Andrew Blankstein

UPDATE: Judge sentences Lindsay Lohan to jail

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