POLL/PHOTOS: Lindsay Lohan judge says she won't consider alcohol report

Actress Lindsay Lohan, center, arrives at Beverly Hills courthouse in Beverly Hills, Calif., Tuesday, July 6, 2010. (AP Photo/Jae C. Hong)

Actress Lindsay Lohan, center, arrives at Beverly Hills courthouse in Beverly Hills, Calif., Tuesday, July 6, 2010. (AP Photo/Jae C. Hong)

Does Lindsay Lohan deserve to go to jail for violating her probation?

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— A judge at Lindsay Lohan's probation revocation hearing said Tuesday she would not consider whether the actress consumed alcohol last month after attending the MTV Movie Awards.

Prosecutors had hoped to introduce reports from an ankle, alcohol monitor to show the "Mean Girls" actress had violated a court order against drinking imposed as part of a 2007 drug case.

Superior Court Judge Marsha Revel said the device showed Lohan's blood-alcohol content was 0.03. Lohan has denied drinking that night.

The judge added, however, that she would honor what she told lawyers for both sides in a closed hearing, and not allow the negative report to be used at the hearing that could end with Lohan being sent to jail for a possible violation.

Revel said she would only consider whether the actress failed to complete the required number of alcohol education courses on time.

Cheryl Marshall, a co-founder of the education program, testified she did not report Lohan to be in violation of the judge's order when the actress missed nine meetings then made up an undisclosed number.

Marshall recalled receiving a phone call from the judge in December saying she wanted Lohan to attend classes each week. But Marshall added she never got a paper copy of the order and did not consider it active.

Marshall's program fought against providing records and testimony at the hearing, but Revel ruled the information was necessary.

Lohan's attorney Shawn Chapman Holley said she hadn't prepared to defend against the alcohol monitor report because the judge had said it would only affect bail for the actress. Revel doubled Lohan's bail to $200,000 after learning of the alert last month.

Lohan arrived about 10 minutes early for the hearing at the Beverly Hills courthouse. Lohan's father Michael and younger sister also attended.

Revel scheduled the hearing after Lohan missed a court date in May. She has been required to wear an ankle alcohol monitor since then.

The hearing immediately hit a snag as Chapman Holley and prosecutor Danette Meyers sparred on what evidence could be introduced.

Lohan spent 84 minutes in jail in 2007 after she pleaded guilty to two misdemeanor counts of being under the influence of cocaine and no contest to two counts of driving with a blood-alcohol level above 0.08 percent and one count of reckless driving.

The plea came after a pair of high-profile arrests earlier that year. Lohan was sentenced to three years of probation but had to ask for a yearlong extension in October after she failed to complete her alcohol-education courses on time.

Revel revoked Lohan's probation in May after the actress missed the court date to promote a film project at the Cannes Film Festival. Lohan claimed her passport was stolen.

Weeks later, the alcohol monitor issued an alert after Lohan attended the MTV Movie Awards and after-parties.

Regardless of the outcome, the hearing won't be the last reminder for Lohan of the court case and her arrests. She will soon be questioned about her drug use three years ago by civil attorneys representing a woman suing Lohan.

The actress' attorney persuaded a judge to delay that deposition until after the hearing so her answers couldn't be used against her in the criminal case.

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