The Manhattan chef who claims Lindsay Lohan hit him with her car in the early hours of Wednesday is speaking out and says the actress was drunk at the time.
Hours after the incident, which occurred at 12.30am in an alley between the Maritime and Dream hotels in Chelsea, cook Jose Rodriguez told the New York Daily News that Lohan “smelled like alcohol real bad.”
“She was slurring,” he added.
Police Commissioner Raymond Kelly told the newspaper that police don’t think Lohan was drunk, BUT no Breathalyzer test was performed.
Lohan was arrested two hours after the 12:30 a.m. incident and was given a desk appearance ticket and released.
Recounting the incident, Rodriguez told the newspaper that he had just left Bottega, a restaurant at the adjacent Maritime, and was walking on the underground ramp when he “saw this car come real quick and hit me.”
“I was in so much pain,” he said. “I fell to the side.”
He says that he questioned Lohan, who he claims to have not recognized as the Mean Girls star, why she clipped him with her Porsche Cayenne.
“She said, ‘You have to get out of the way.’ She told me I have to move.”
But her father, Michael Lohan, insists she has done nothing wrong and labeled the incident “a setup.”
And, on this occasion, he may be correct. TMZ are reporting that the surveillance video “ shows the guy… is grossly exaggerating.“
He is also said to be seen sprinting after Lohan.
Though the offence is a misdemeanour, it could trigger a probation violation.