The actress escaped one charge but could still be on the hook because of an earlier case

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Amanda Bynes won’t face prosecution for an alleged DUI back in September, but it could still be a problem since she was on probation at the time.

“After much deliberation and review,” the Los Angeles city attorney has decided not to pursue the DUI charge, reports the New York Daily News – but he has referred the case to the L.A. County district attorney, who could still consider it a violation of the actress’ probation for a 2012 drunk-driving case.

The L.A. County D.A. has yet to decide on whether to seek a probation-violation hearing.

Bynes, 28, was taken into custody at 3 a.m. on the morning of Sept. 28 after allegedly running a red light and stopping in the middle of an intersection outside Los Angeles.

The actress was first arrested for DUI in 2012 but avoided jail time by completing inpatient treatment. In early 2014, she was placed on three years’ probation in that case.

The troubled actress has faced many difficulties over the past few years, including a charge that she threw a bong out of her high-rise New York City apartment and a recent stint in a psychiatric facility.