Lindsay Lohan's bid to stop her upcoming court appearance being videotaped has failed.

The "Mean Girls" actress had requested that the deposition for her upcoming civil lawsuit - involving a car crash two years ago - should not be taped, because if it was leaked it could damage her career.

Her attorney David J. Ozeran wrote in court papers, "If a single picture of Ms. Lohan can sell for thousands of dollars, a videotape of the deposition will undoubtedly sell for tens of thousands of dollars, or more. I believe the real purpose of videotaping is to annoy Ms. Lohan and to attempt to gain a litigation advantage by causing her concern about the embarrassment of such a videotape.''

However, Los Angeles Superior Court Judge Michael L. Stern ruled yesterday that the deposition - against a lawsuit brought by Los Angeles waiter Raymundo Ortega, who alleges Lindsay had been drinking when she crashed her black Mercedes-Benz convertible into his van in 2005 - will be taped.

Lindsay is denying the allegations and countersuing for $75,000.

Meanwhile, the starlet - who has recently completed a rehabilitation course to combat her addictions to drugs and alcohol - was spotted drinking in New York over the Thanksgiving weekend.

A friend of the 21-year-old actress told the New York Daily News newspaper, "She has been drinking a little bit. Over her week in New York, she did have a few drinks."

The pal insists Lindsay's drinking won't affect her too much because drugs are her main vice.

They added, "For Lindsay, her real problem was drugs, not alcohol. In the past, it wasn't the drinking that was the problem - it was the heavy drug use. The drug use was way more intense than her party drinking. As long as she isn't doing drugs, she's OK."

Lindsay's spokeswoman denied her client has been drinking again, saying, "These so-called friends are making up things about her."

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