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By DAILY MAIL REPORTER
Early bird: Lindsay Lohan arrived a half hour early at the Beverly Hills courthouse for her 8.30 am probation violation hearing court appearance todayIt was celebrations all round on Team Lohan today as she narrowly escaped jail.
Judge Eden Fox decided not to send her back to Lynwood for a fourth time, opting instead to order Lohan to remain in rehab until January 3.
Lohan had been facing up to one year in jail after testing positive for cocaine during a random drug test last month.
Lohan is permitted to remove her SCRAM bracelet but will still undergo random drug testing until the end of her probation period in 2011.
It was quite a victory for Lohan as the D.A.'s office had recommended six months in jail for her.
Shady lady: Lohan covered up her red puffy eyes with large dark sunglassesThe Judge ruled against their recommendation however, and stated that he did not want 'another train wreck'.
He ruled that her time would be better spent undergoing treatment for her substance abuse issues rather than facing the punishment of jail, telling her: 'You are an addict and I hope you understand that.'
U.S. website TMZ reports that Lohan left Betty Ford this morning, accompanied by medical professionals, undercover of darkness, at 4am.
She arrived early at the Beverly Hills courthouse at 8am, for her scheduled 8.30 am hearing, looking sombre in a navy blazer and dark jeans with her hair pulled back into a ponytail and minimal make-up.
Lohan looked as if she had put on ten pounds to her thin frame, looking much fuller in the face.
A double chin was clearly visible when viewed from the side.
When she removed her sunglasses her eyes were red and puffy and she appeared as if she had been crying.
Surprisingly, as she has been ensconced in rehab for the past few weeks, her lips were looking decidedly plumper and appeared to have recently had some filler injected into them.
Lohan was accompanied by her mother Dina and attorney, Shawn Chapman Holley.
Upon entering the courtroom Lindsay appeared nervous and was biting her nails.
After a 20-minute meeting in chambers with the judge, Lindsay's lawyer returned to the courtroom and whispered in her ear and her demeanour changed instantly.
She smiled and laughed and looked very relieved at the obvious decision to send her back to rehab instead of jail.
Never one to miss a media opportunity, Lohan's father, Michael was also at the courthouse and on hearing the judge's decision stood up and proclaimed 'God Bles you Judge.'
Michael and Dina sat on opposite sides of each other in the court room and Lindsay ignored her father totally.
Lindsay had been ordered to appear at court for a probation violation hearing following a reported two dirty drugs tests last month - one of the tests had shown positive for cocaine.
The 24-year-old initially denied failing the tests, but later took to Twitter to admit her guilt.
'Substance abuse is a disease, which unfortunately doesn't go away over night. I am working hard to overcome it,' she tweeted.
Entourage: Lohan was flanked by her attorney, Shawn Chapman Holley, her mother Dina and security personnel as she worked her way through the crowdsMeanwhile, Lohan's probation report says she is concerned that in-patient rehabilitation would be a financial hardship and damage her career.
The report, dated October 18, goes on to say that Lohan told her probation officer she cannot afford to continue to pay for the treatment programme and 'her clothing line is falling apart because she is not available to monitor the product.'
However, despite Lohan's comments, her probation officer recommends in-patient treatment as the best course of action.
'Reports from all treatment professionals involved agree that in-patient treatment appears to be the most appropriate option for the defendant at this time,' it says.
'Possibly removing herself from her lifestyle and its pressures for
Probation: Lindsay's probation report stated that she is concerned that in-patient rehabilitation would be a financial hardship and damaging to her career
Lohan's failed drug tests came just three weeks after her release from UCLA Medical Centre in August, where she had been undergoing court mandated treatment for substance abuse.
She had been ordered to undergo 90 days treatment but was released after only 23 days.
She appeared in court and was immediately remanded in custody at Lynwood Correctional Facility, where she has been incarcerated on two previous occasions.
Her lawyer immediately filed an appeal, however, and she was released after several hours.
Sombre: Lohan looked as if she had been crying, was pale and had distinct shadows under her swollen eyesLohan then voluntarily checked into the Betty Ford Center, on September 27, in Rancho Mirage, near Palm Springs where she's been receiving treatment.
It is at least her fifth time in rehab.
She has previously undergone treatment at Wonderland, twice, and then Promises in Malibu followed by Cirque Lodge in Utah, all facilities better known for their relaxed attitudes and high quality accommodations than their tough approach to treating addiction.
Lucky escape: Despite the DA's office pushing for a six-month jail sentence, Judge Eden Fox decided Lohan would be better off in rehab getting treatment
Acknowledgement: Lohan nodded her head when the Judge told her: 'You are an addict and I hope you acknowledge that'Lohan had been hoping to escape jail again and that the Judge would allow her to remain in rehab instead.
The Mean Girls star's legal woes all stem from two 2007 DUIs and a possession of cocaine charge.
Lohan pleaded guilty on August 23 2007 to cocaine use and driving under the influence and was sentenced to one day imprisonment and 10 days' community service.
She was also ordered to undergo an alcohol treatment program and was sentenced to three years probation.
Back to Betty: Lohan will be returning to Betty Ford Clinic where she has been ordered to undergo treatment until at least January 3On November 15, 2007, Lohan had her first stint in jail - serving 84 minutes in total.
In October 2009, Her probation was extended by an additional year following several instances in which Lohan failed to attend the court-ordered substance abuse treatment classes.
In May 2010, Lohan did not appear for a court scheduled DUI progress report hearing. The judge issued a bench warrant for Lohan's arrest, but rescinded the warrant after Lohan's representatives posted bail.
Mug shot: Lindsay is becoming a pro when it comes to posing for mug shots... her most recent was taken when she entered jail again on September 24
Lohan's lawyer said her passport was stolen while she attended the Cannes Film Festival in France so she could not leave the country to attend.
At a rescheduled hearing on May 24, 2010 Lohan was ordered to attend weekly alcohol education classes, wear an alcohol-monitoring bracelet, refrain from drinking alcohol, and undergo random weekly drug tests to remain free on bail.
On July 6th the judge determined that Lohan had indeed violated the terms of her probation and sentenced her to 90 days in jail, starting July 20.
In addition, the judge ordered Lohan to check into an inpatient rehab program for three months after her release from jail.
On July 20, Lohan appeared in court and was taken into custody to begin her second jail term.
She was released on August 2 after serving 14 days of the sentence.
Her third jail stint followed a probation violation hearing on September 24.
Judge Fox ordered a preliminary revocation of Lohan's probation, she was denied bail and he sent her back to Lynwood.
Later the same day though, after Lohan's lawyer filed an appeal, another judge granted her bail on the grounds that she had only committed misdemeanors.
Lohan was released from jail after posting $300,000 bail.
source :dailymail [endtext]
