Lindsay Lohan avoided a trial today by pleading no contest in her jewelry theft case. What cam out during the court proceedings today? Lindsay failed an alcohol test in February – one month after being released for the Betty Ford Clinic.

Lindsay’s probation report was released today after her no contest plea was entered.

Remember that whole incident with Lindsay getting into a fight with a rehab employee after she got caught sneaking out of the facility? Turns out she DID drink that night. Interviews with local police and restaurant and club employees confirmed the suspicion.

“The probation officer believes that substance abuse is the root of the defendant’s problems,” the report said but Judge Stephanie Sautner disagreed and ordered Lohan to psychological counseling instead of more rehab. The actress will no longer be randomly tested for drug and alcohol use.

This does not impact the 120-day jail sentence that Sautner laid down on April 22 when she determined Lohan did violate her 2007 probation from a DUI arrest. She will likely serve a fraction of the sentence due to jail overcrowding and may even be placed on house arrest.

The ‘Mean Girls’ star is looking to get back to work on her comeback and was recently cast to play the wife of John Gotti Jr. in ‘Gotti: Three Generations,’ a biopic of the crime family. The film is scheduled to begin production later this year in New York.

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Photos (Fame): Lindsay in Los Angeles this afternoon getting a head start on her community service.

Tags: Lindsay Lohan