It may be a while before we see Amanda Bynes.
The troubled actress was supposed to appear in court Tuesday for her DUI case stemming from her April 2012 arrest when she hit a police car with her BMW, but did not appear as scheduled.
Her attorney Richard Hutton tells E! News he made a technical request to the court today to raise doubts regarding Bynes' mental capacity, claiming the 27-year-old star cannot fully comprehend the legal proceedings.
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Hutton says the judge would then refer the case to the mental health court, although the case remains criminal in the interim.
"The mental health court will examine Bynes and determine her competency to stand trial," Hutton told E! News.
In August, Bynes' parents were granted a temporary conservatorship over their daughter, who the judge said lacked the capacity to give "informed consent" for medical treatment. She was placed on a temporary psychiatric hold on July 22 after apparently setting a small fire in the driveway of a home near her parents' house.
At her doctor's request, her hospitalization was extended on Aug. 8 for another 30 days.
According to the Byneses' attorney, Tamar Armanak, Amanda is currently at UCLA Medical Center after transferring from Hillmont Psychiatric Center in Ventura, Calif., at the end of August.
A permanent conservatorship hearing is scheduled to take place on Sept. 30. Amanda's court-appointed public defender previously said that Bynes "does oppose a conservatorship."
The actress's next court date in her DUI case is set for Jan. 7.
--Reporting by Claudia Rosenbaum