lohan-court-230.jpgUPDATE - Lindsay's on her way! Looks like Lohan changed her mind and decided to hop a night flight to LA so she can appear in court tomorrow. Stay tuned to X17online for updates!

Lindsay Lohan will NOT be appearing at a mandatory court hearing in Los Angeles tomorrow morning because she claims she's too sick to fly in from New York City.

Lindsay's new attorney, Mark Heller, gave the judge a note from a Park Avenue doctor who says Lindsay "has an upper respiratory infection and can't fly for her own safety as well as the safety of the public," according to TMZ. Heller also submitted an article from the New York Post earlier this month reporting that a flu epidemic has hit the Big Apple.

While that all seems pretty legit, the website also posted photos of the starlet going on an all-day shopping spree in SoHo on Saturday, which the same day the doctor reportedly examined her. Uh oh!

The judge still hasn't approved the New York-based Heller to appear in a California courtroom on Lindsay's behalf, and Shawn Holley is officially out as Lindsay's lawyer, so her failure to appear is coming at a really bad time. Lindsay was scheduled to be arraigned two weeks ago for allegedly lying to police after crashing her Porsche last June, and even though she fired Holley two days before that, Holley appeared on her behalf and plead not guilty to the charges. However, due to the confusion regarding her legal representation, the judge set a pretrial hearing for tomorrow and demanded that Lindsay show up.

If the judge finds reason to believe Lilo is faking her illness, they could issue a warrant for her arrest. In a recent poll, we asked X17online readers if they thought Lindsay would go back to jail, and 55% of you said yes, 22% said no and 21% were undecided. We'll see what happens tomorrow ... stay tuned!