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Lindsay Lohan Accuser

Actress Was 'Slurring'

and REEKED Of Booze

9/19/2012 9:03 AM PDT BY TMZ STAFF
breaking news

0919-lindsay-lohan-article-arrestedLindsay Lohan was a drunken mess when she struck a pedestrian in front of a NYC hotel this morning ... this according to the alleged victim.

Jose Rodriguez -- a Manhattan chef -- spoke with the New York Daily News following the crash ... claiming Lindsay was slurring her words and "smelled like alcohol real bad" when she hit him with her Porsche in front of the Dream hotel around 12:30 AM.

We broke the story ... Lohan was arrested at 2:30 AM for leaving the scene of an accident.  

Cops say they don't believe Lohan was drunk at the time of the arrest -- however Police Commissioner Raymond Kelly admitted Lindsay did not take a breathalyzer test.

Rodriguez told the Daily News he had just gotten off work at the Bottega restaurant when all of the sudden "[I] saw this car come real quick and hit me."

"I was in so much pain ... I fell to the side."

Rodriguez says he was taken to Bellevue Hospital where he was treated for torn tendons -- and claims doctors gave him morphine to deal with the pain.

As for Lindsay -- she says Rodriguez is making the whole thing up ... claiming she didn't hit anyone this morning.

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