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Lindsay Lohan

Smelled of Booze After Crash

New Plea Deal in Works

2/27/2013 1:00 AM PST BY TMZ STAFF
EXCLUSIVE

0226-lindsay-lohan-crash-tmzLindsay Lohan may have been drinking just before she crashed her Porsche last June on Pacific Coast Highway ... TMZ has learned. Nevertheless, prosecutors are offering her a brand new plea deal that does NOT involve jail.

Law enforcement sources tell TMZ ... a bottle of alcohol was found next to Lindsay's Porsche, and we're told her breath smelled of alcohol. For some reason, cops did not perform a field sobriety test at the scene of the crash.

Sources tell us ... the Santa Monica City Attorney is prepared to offer Lindsay 60 days in a residential rehab facility in her lying-to-cops case -- where she said she wasn't driving the Porsche. That's 4 months less than the original offer.

In addition, we're told the City Attorney wants Lindsay to attend another set of AA meetings. And he wants her to do community service. We're told the prosecutor will let her do the community service in New York City, but -- unlike Chris Brown -- it must be closely monitored.

The wild card is that the L.A. City Attorney is also involved in the case because they're handling the jewelry heist case where Lindsay is still on probation. Up to now, we're told the L.A. City Attorney wanted jail time for the probation violation, but the prosecutor may back off that position.

The plea bargain meeting between prosecutors and Lindsay's lawyer, Mark Heller is today ... so stay tuned.

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1018 COMMENTS

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466.

jwoolman    

Lindsay keeps doing things guaranteed to raise legitimate doubts about her condition. If I were on probation with the record she has, and I were cold sober at the time of the accident, I would ask to be breathalyzed on the spot to prove it, and would ask for a full panel of tests to prove other drugs were not in my system. And I certainly would not leave the scene unsupervised by the authorities, because I would want the hospital blood testing to be definitely showing my condition at the time of the accident. Of course, I also wouldn't be stupid enough to lie about being the driver, since that would violate my probation as much as any hint of DUI. Lindsay's behavior, on the other hand, really does make me think she had a little drinkie poo and who knows what else to get herself going in the morning and didn't want to get tested - hence the lie about driving and the ambling into the hospital on her own schedule, after calling her lawyer. She was stalling and hoping to avoid being tested, or at least to stall long enough to reduce her blood alcohol level to definitely below the legal limit. She probably expected the police to not realize she was the driver as soon as they did. Then she compounds the lie about not being the driver by repeating it later in a recorded interview, instead of saying asap "oh, golly, must have been so shook up that I misspoke" and correcting her statement to the police in a timely manner.
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The police really should have done lab tests on her rather than just a simple functional stand-on-one-leg test, since so much time had passed since the accident. The adrenalin rush itself could have sobered her up enough by then. She was on probation and obviously was lying about driving, they needed to be more thorough in determining her condition at the time of the accident, even though she took steps to reduce the reliability of such tests.

511 days ago
467.

Cathryn Mazer    

Rehab don't work for this b*tch. It's just going to continue the way its been. How idiotic are the courts? Jail time - just like for anyone else. Enough is enough.

511 days ago
468.

Sherms    

Absolutely sickening.

511 days ago
469.

Zookeeper91326    

Jail would be appropriate, and possibly life-saving.

510 days ago
470.

Miller Cerasuolo    

TMZ reports that Lindsay Lohan got into a car accident in the City of Santa Monica. Officers found a bottle of booze next to her car and smelled alcohol on her breath. Reports indicate that a field sobriety test was not performed and that Lindsay is claiming that she wasn’t driving the car. The Santa Monica City Attorney is offering to have her serve 60 days in a rehab facility rather than do any jail time. This offer is generous and makes me wonder how strong the prosecutor’s case is…without a field sobriety test or a blood/breath test, proving intoxication beyond a reasonable doubt could be difficult for the City. Moreover, depending on how Lindsay’s story unfolds, the issue regarding who was driving the car may get her out of trouble as well.

485 days ago
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