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Goes through those courses are going to get a glowing report because why would the alcohol ed trags people say that people who went through the classes didn't do a good job. the prosecution is saying maybe that's not entirely the case. let's challenge this. the judge -- this makes me wonder about where the judge's head is, has gone along and said, sure, we need to challenge this. >> michael, maybe i think in a pretty straightforward way here. but if part of the determination was to find out whether or not lindsay had reported as required, why is there an issue about getting the records? should...

Yes, a bail -- for continued bail, but it's also a violation of the court order. that is, to obey all rules, regulations of the court, which is one of the provisions that she was ordered to abide by once she pled in this particular case. in makes no sense not to violate a court order like that, because, quite frankly, you could order her to do 10,000 things as a condition of bail, and if she doesn't do any of those, there is no consequence. the consequence the people allege is that she is in violation of probation because she directly violated your order. your order was no alcohol, period. so ...

And i recall the court looking at me and saying to me, well if the device goes off, that's the violation that we're not going to have a problem with. clearly, it's going to be a violation. and i recall that conversation with the three of us in chambers. >> well, the question would be, did i say it's a violation of her bail versus a violation of probation? >> well, the consuming alcohol is a violation of her probation in that she is supposed to obey all rules and regulations of the court. we're talking about two separate issues here. the issue of the fact that she violated the bail by drinking ...

She had anything to drink. there is a dispute as to whether the scram device works accurately. and i think that it would be proper to put on evidence as to whether it works accurately. now, if you want additional time to call experts, you could do that. but because there's some indication that she didn't have any alcohol at all, is my understanding, i think it would be unfair to not address that. >> your honor, i should also indicate to the court that it's not only the alcohol as well the people are going to put forth evidence about. it's also the fact that the device was tampered with while i...

I believe we've got this timed just right. let's get you back to court where actress lindsay lohan is about to find out whether she violated her dui charge. >> all together, other than her bill got increased. the court must set bail on a misdemeanor. and i did. i doubled the bail. but when there's a denial of any alcohol consumption, that is relevant for a different aspect of this. so as long as there's not -- as long as it's in question as to whether she really had alcohol or not, that's because the court hasn't -- so i would allow miss myers to put on evidence regarding that. >> i should ind...