Bruce Jenner Smoking, NOT Texting During Fatal Crash

EXCLUSIVE

0208-bruce-jenner-car-crash-cigarette-SPLASH-INF-01Bruce Jenner will not get in trouble with the law as a result of his deadly car crash ... at least that's the way it appears based on a new photo.

The picture was taken by an independent photo agency just before Bruce slammed into a Lexus Saturday on Pacific Coast Highway in Malibu, sending that driver into oncoming traffic where she was killed after colliding with a Hummer.

It was unclear what, if anything, Bruce was holding in his left hand seconds before the crash.  But the new photo shows Bruce clutching a cigarette, not a cell phone. The photo (above) is the first in a sequence shot by the agency, just before the Lexus comes into frame.

0207-SUB-WM-bruce-jenner-moi-splash-03TMZ broke the story, the L.A. County Sheriff's Department was getting a search warrant to determine if Bruce was texting at the time of the collision ... but this picture would seem to make that unnecessary. 

It's illegal to text while driving and motorists who do can be prosecuted for vehicular manslaughter if someone dies as a result.

Based on the evidence gathered so far, it seems Bruce will not face any sort of criminal prosecution. As we reported, he slammed on his brakes before impact and veered right to avoid the Lexus.  And deputies believe a Prius in front of the Lexus may have made a sudden stop, triggering the collision.