Lindsay Lohan arrested: Star was drunk, claims man she hit with car

Lindsay was attempting to park outside Dream Hotel in NYC
Actress and her friends entered the hotel shortly after incident at 12.30am
Police were waiting outside and arrested her when she left at 2.30am
Surveillance footage throws doubt over whether car made impact with man
Father Michael stands by daughter and says she was 'NOT drinking'
Star's spokesperson insists it's 'much ado about nothing'

By Sarah Fitzmaurice, Louise Saunders and Nadia Mendoza

PUBLISHED: 11:51 EST, 19 September 2012 | UPDATED: 02:31 EST, 20 September 2012

The man Lindsay Lohan allegedly knocked down has claimed that the infamous actress was 'slurring her words' and 'smelled like alcohol'.

Manhattan chef Jose Rodriguez also said people at the scene 'acted like I was nothing,' telling the New York Daily News: '[It was like] no one could touch her because she was rich and powerful.'

Lindsay was arrested in New York during the early hours of Wednesday morning on charges that she clipped a pedestrian with her car and did not stop, police have confirmed.

The Liz & Dick star was preparing to park her Porsche Cayenne at the Dream Hotel in Manhattan at 12.30am when she allegedly hit the knee of Rodriguez.

Not the best driving history: Lindsay has had a number of accidents in recent years

One of Lindsay's passengers got out and checked her vehicle for damage, and then the group continued into the hotel to attend an event it was reported.

The scene: The Dream Hotel in New York City, where the alleged incident occurred

When Lindsay emerged from the venue at 2.30am, police were waiting for her and she was arrested.

The 26-year-old star was booked for the misdemeanour offence of leaving the scene of an accident and released with a desk appearance ticket - meaning she did not have to pay bail before her release.

Rodriquez was not knocked down by the vehicle and had no visible injuries, but was still taken to Bellevue Hospital after calling 911.

He claims doctors said he had 'torn tendons' and gave him morphine for the pain.

Police Commissioner Raymond Kelly confirmed no Breathalyzer test had been carried out at the time as law enforcers believed Lohan was sober.

Though the offence is a misdemeanour, it could trigger a probation violation in the Mean Girls star's 2011 jewellery theft case as one of the conditions of probation is that she obeys all laws.

Lindsay is allegedly describing the incident as 'really fishy'. And believes she is the victim of a 'set up' and plans to fight the claims.

Fortunately, she may have back-up in the guise of a surveillance video, which TMZ are reporting 'shows the guy... is grossly exaggerating.'

Morning after the night before: Here is the Porsche from the alleged incident - with a parking ticket

Uh-oh: Lindsay's car was pictured outside the hotel, having abandoned it last night amidst the drama

The video is said to show LiLo driving down a ramp as she entered the hotel, with the alleged victim walking in the pedestrian path - an area the actress had to cross to get into the building.

TMZ state her car was 'traveling at a crawl' and it is 'unclear' if it makes contact with the man.

However, once she has driven off, the video sees the pedestrian in question 'sprinting after her'.

When she emerges from her car, she 'doesn't seem flustered or aware' she may have hit someone.'

Notoriously outspoken father Michael Lohan has waged in on the debacle, to stand by his daughter.

Smashed up: In July of this year the actress crashed her Porsche while driving on the Pacific Coast Highway in LA

Adamant she was sober at the time of the incident, he told Radar Online: 'I am happy that she is away from other people and was NOT drinking last night.

'[I am] so happy that Lindsay had confidence in me. I love her; I will always be there for her.'

A source told the US website that LiLo told police to call her father when they arrived at the scene.

This is not the first time the actress had been involved in a car crash.

In June of this year Lindsay sma! shed up a! nother Porsche after claiming she was cut up by a truck.

The actress later blamed the manufacturing of the vehicle but tests carried out after the crash found the breaks were working fine.

In May of 2007, Lindsay was arrested on suspicion of drinking under the influence and this led to her heading for rehab for 45 days.

More mugshots than sense! Lindsay Lohan has been arrested many times and has had mugshots dating from October 2011 (Left) and as she posed for police mugshots on September 24

More mugshots than sense! Lindsay has been arrested many times and has had mugshots dating from October 2011 (Left) and as she posed for police mugshots on September 24

You've been framed! The actress has also been snapped in July 2010 (left) November 2007 (centre) and July 2007 (right)

In July of that year, Lindsay refused to take a sobriety test and was taken to a police station where her blood alcohol level was over the limit. She also had some cocaine in her pocket.

Lindsay, who spent 23 days in jail after violating her probation agreement following a DUI, took to her Twitter page recently to blast law enforcement officers for not doing more to stop actress Amanda Bynes who was caught driving with a suspended licence recently.

She tweeted: 'Why did I get put in jail and a nickelodeon star has had NO punishment(s) so far?'

Just last month, Lindsay was investigated by the Los Angeles Police Department over the purported theft of $100,000 worth of luxury items from the ho! me of her! multimillionaire friend Sam Magid.

The L.A. County District Attorney dropped burglary charges due to 'insufficient evidence'.

Can't stay out of trouble: Lindsay was seen in New York earlier this week at Lady Gaga's perfume launch at the Guggenheim museum

After being charged with misdemeanor theft and probation violation in February 2011 following the shoplifting of a necklace from a Venice Beach store, Lindsay was sentenced to 120 days in jail and 480 hours of community service.

In addition, she was also ordered to remain under supervision whilst completing all of her community service.

Coming soon: Lindsay stars as Elizabeth Taylor in Liz & Dick

The actress pleaded no contest in court, and was put under house arrest complete with ankle bracelet monitor due to jail overcrowding.

Lindsay was then later sentenced to 30 days in jail and 400 hours of community service in November, after she was found guilty of violating her probation because she failed to perform her community service at a Los Angeles morgue.

She entered jail on November 7, 2011, but was released after just under five hours, again due to overcrowding.

The actress finally e! nded her ! supervised probation in March this year after fulfilling all of her community service and therapy requirements.

And despite being involved in the hit and run and car crash earlier this year, has remained relatively out of trouble.

She is currently trying to get her life and career back on track, and recently completed filming Liz & Dick, the Lifetime Elizabeth Taylor biopic, and independent film, The Canyons, written by Bret Easton Ellis and directed by Paul Schrader.

Lindsay's spokesman Steve Honig said: 'While some of the facts are still being gathered, it appears that this is much ado about nothing.

'We are confident this matter will be cleared up in the coming weeks and the claims being made against Lindsay will be proven untrue.'

In court: Lindsay and her lawyer Shawn Chapman Holley at the Los Angeles Courthouse in October 2011

HIGHS AND LILOS: TIMELINE OF A TROUBLED STARLET

JANUARY 2006Lindsay Lohan admits to having bulimia and taking drugs in the past in an interview with Vanity Fair magazine.

DECEMBER 2006The actress' mother reveals she has joined Alcoholics Anonymous.

JANUARY 2007She checks into rehab at the Wonderland Centre in L.A. for the first time.

MAY 26 2007Lindsay crashes her Mercedes and was cited for driving under the influence. Police found a substance tentatively identified as 'a usable amount of cocaine' in connection with the accident.

MAY 29 2007She returns to rehab for the second time.

JULY 2007Just 11 days after leaving rehab, Lohan is arrested for driving under the influence of alcohol in Santa Monica. The star, who was wearing an ! alcohol d! etection ankle bracelet, is booked for DUI, possession of cocaine, transporting a narcotic into a custody facility and driving on a suspended license.

AUGUST 2007Lindsay checked in for her third rehab stint, this time at the exclusive Cirque Lodge Treatment Centre in Utah.

NOVEMBER 2007She serves just 84 minutes in jail and begins community service as part of the plea deal for her two DUI convictions.

MAY 2010After failing to turn up to a scheduled court hearing, Lohan in ordered to wear a SCRAM alcohol-monitoring bracelet and is ordered to random drug testing.

JUNE 2010Her SCRAM bracelet is set off while she attends a MTV Awards after-party.

JULY 2010Lohan begins serving 90 days at Lynwood jail in California for violating her probation in her DUI case. She is released for good behaviour after serving just 13 days.

AUGUST 2010She checks in for a court ordered stint in rehab. She spends three weeks in UCLA's Neuropsychiatric Hospital.

SEPTEMBER 2010The actress is back in court after failing a drug test. A judge orders her to return to jail for 30 days. She appeals and a supervising judge allows her to leave after less than 14 hours behind bars. She later posts $300,000 bail. She checks into rehab for the fourth time.

DECEMBER 2010

Lindsay Lohan investigated by police after allegedly assaulting a female employee at the Betty Ford Centre.

JANUARY 2011She is discharged from the clinic after three months.

FEBRUARY 9 2011After being investigation for stealing a $2,500 necklace from a Venice, California, jewellery store, she is formally charged with one count of felony grand theft and her bail is set at $20,000.

FEBRUARY 23 2011She is offered a plea deal in her theft case which involves jail time.

MARCH 23 2011Determined to prove her innocence, Lohan rejects the plea de! al and mo! ves forward with a trial.

MARCH 29 2011Police decide not to prosecute the star over her alleged assault of Betty Ford Centre employee.

APRIL 22 2011Lohan scores a victory after her felony grand theft charge is reduced to a misdemeanour. Hours later, she is found in violation of her probation from a previous DUI case - and sentenced to four months jail - but was later bailed after posting $75,000 bond and will now appeal.

MAY 26 - JUNE 29 2011

After being convicted, of the misdemeanour of theft and probation violation, and sentenced to 120 days in prison she was placed under house arrest due to overcrowding in jail. She spent 35 days at her home in Venice.

NOVEMBER 2011

Found guilty of violating her probation after failing to complete morgue duty and sentenced to 30 days in jail and 400 hours of community service.

Spent just 5 hours in prison due to overcrowding.

MARCH 2012

Lindsay's supervised probation ended after she completed the community service and therapy. She will still be on informal probation for the necklace theft until May 2014, with the only requirement to follow the law

JULY 2012

Actress is asked to leave Chateau Marmont after failing to pay $46,000.

AUGUST 2012

Named as a suspect in $100,000 heist from friend's all charges were later dropped

SEPTEMBER 2012

Star is arrested after clipping a pedestrian with her car and leaving the scene

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