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Shia -- I Refused WHAT?

9/26/2008 2:52 PM PDT BY TMZ STAFF

Shia LaBeouf will fight tooth and nail to keep his driver's license, and his lawyer now has a plan.

We've learned today's DMV hearing to yank Shia's license has been postponed. Under California law, anyone in an accident who refuses to submit to a blood alcohol test generally has their license yanked automatically.

Shia's lawyer, Michael Norris, tells us he believes he can convince the DMV that when Shia was asked to submit to the test, he was in no position to respond. Norris says, "Asking someone to provide a blood or breath test while they're being prepared for surgery on a gurney is a very unusual situation."

Norris says Shia wasn't asked to submit to the test until he was already at the hospital for several hours.

Norris tells us he's asking the Sheriff's Department to turn over all videos they have of Shia that night, including a video of the intersection that presumably captured the entire scene. Norris says he wants to see if Shia was "legally arrested."

19 COMMENTS

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1.

F-Stop    

Glug glug glug! Drink up Shia. Hope you enjoy walking. Be happy you're not in a wheelchair.

2131 days ago
2.

miley$$$    

Just lock him up anyway. I'm tired of hearing about this brat

2131 days ago
3.

Tamara    

It's amazing that no one takes responsibility for their actions anymore. He could save that $20,00 he's spending on his lawyer to fight something he was absolutely guilty of and hire a driver for the 3 months his license will be suspended. wow, celebrities are special.

2131 days ago
4.

Crabby    

Poor baby. Maybe he was too drunk at the scene of the accident to remember being asked to give a BAC test?

2131 days ago
5.

tracey    

Yeah he's definately pushing his luck here..

2131 days ago
6.

Triple Play    

He is another pampered star. put his a$$ in jail and see if that straightens him up. why does the system cater to these little douches?

2131 days ago
7.

Lou Reed    

HE MUST HAVE FORGOTTEN THE AGREEMENT HE SIGNED TO GET HIS DRIVERS LICENSE. HELL PAY OUT THE A%% WHEN HE INSURES HIS NEXT TRUCK. DRINK AT HOME YOU STUPID DRUNK. hic- up.....

2131 days ago
8.

Weathergirl33    

I think thats it BS that actors/singers get treated with TLC because WHY? They broke the law like everyone else but yet they get off. I hope someone who is not an actor sues the crap out of LA one day because they got a DUI and have to suffer for their actions. The judges need to quit being bought off and they need to have some balls!!

2131 days ago
9.

trax    

The police did it to me, I crashed my car doing 100mph, drunk ofcourse, was seriously injured and I was on a gurney otw to surgury and the police wanted blood from me, so it's not too unusual.

2131 days ago
10.

seriosuly    

Actually, he refused the breath analyzer at the scene but submitted to the BAC at the hospital. THe results of that test showed him under the legal limit..so they got nothing!!!

And it would be unusual to ask someone who was just in an accident, whose vehcile flipped twice, hit their head, and has a crushed hand bleeding profusely to submit to a breath analyzer when they KNOW he is going to be transfered to the hospital were they can do a BAC.

The cops were fishing.. they came upon an accident in the wee morning hours and oh look its a movie star.. they ASSUMED he caused the accident, THEY ASSUMED he was drunk and they pushed their luck. They wanted to be interviewed by the INSIDER and say wow another star out of control!! Got the wrong guy coppers!

That sucks for the cops who now look like idiots since their own investigation showed he was the actual victim of someone running a red light at high speed. He was the only one injured. And the BAC came back inconclusive for being over the limit. HAHA!

So now they will go after his non cooperation. Even though it was out of the norm to request the breath analyzer on an accident site with injuries.. even though he had taken a blow to the head and could have been in shock..

The most they will take his license away for 9 months with a provisional to and from work stipulation.. which is the same as a first misdemeanor DUI.

2131 days ago
11.

tickles    

I guess most of the poeple commenting missed that Shia was NOT at fault in the wreck...a truck hit him. Maybe he was drunk...but if he is the victim why are the cops charging him?

2131 days ago
12.

seriosuly    

Because whether or not you are the victim.. if you are driving over the legal limit it is a crime. A law is being broken.

With Shia's case though.. they were just wrong.

They claimed he was under suspicion of misdemeanor DUI awaiting the test result of his BAC. It came back with him under the limit..so under presumably they can't even get him for DWI instead of a DUI. Waa Waa Waaaaa!

So they can't prove he was driving under the influence. He didn't cause the accident. He was the actual victim.

So now they are grasping at straws with the refused the breath analyzer gimmick.

Problem is he was in an accident, his air bag deployed, he hit his head, he was in shock, he was bleeding and in extreme pain.. and later at the hospital submitted to the BAC test.. so there are quite a few points there for arguing any penalty for refusing at the scene of an accident.

2131 days ago
13.

Speaktruth    

Whoa.. people on here are assuming an awful lot. One is not legally drunk simply because they had "something" alcoholic to drink. People at the scene who may have commented on his demeanor were not qualified to distinguish between the effects of alcohol andf the effects of shock - he did have a severe injury (crushed hand) and was in shock while at the scene. He was competent enough to refuse the suggestion of the "at fault" driver that he leave the scene.

So what are the facts: He was not at fault. He did suffer a severe hand injury. The blood test at the hospital (more accurate than a breath test) showed that he was below the legal limit. So what are you guys angry at him for???

2131 days ago
14.

Lauren    

this is so annoying..
Everyone's thinking. Omgosh, it's a star, so he's obviously to blame
When in actuallity, he was the VICTIM. The other person ran a red light at high speed and hit him.

2131 days ago
15.

dave    

the one guy that can afford a dui is getting off. I guess we are lucky he did not run any of us over

2131 days ago
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