By Dexter Keyton, EnStarz | Sep 19, 2012 04:08 PM EDT
Was Linday Lohan drunk when she allegedly clipped a pedestrian with her Prosche Cayenne early morning on Sept. 19?
Friends close to the actress are re-affirming the actress's sobriety, according to TMZ. Sources said that the actress was in the company of other sober people right before the alleged accident took place. In addition, they claim that even if she was drunk, there were sober people around that could have been designated drivers to get her back to the nearby hotel where she was staying.
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This is the reason Lohan is arguing that the evidence points in her favor and that there was no reason for her to have risked driving while drunk.
Lohan was at the Hammerstein Ballroom where she attended a Slash concert on Tuesday night and a backstage worker who saw her hanging out with friends said that the actress was "definitely sober," according to the report. The stagehand told TMZ that Slash does not allow alcohol backstage since he stays sober himself.
This comes as defense against the alleged victim, Jose Rodriguez, who told The Daily News that Lohan "smelled like alcohol real bad" and was "slurring" her words at the time of the accident.
The concert ended around 11:30 p.m based on surveillance footage and the alleged accident occurred at 12:12 a.m. after Lohan pulled into the Dream Hotel in downtown Manhattan where Rodriguez claims he was hit.
"They acted like I was nothing," Rodriguez said. "That no one could touch her because she was rich and powerful."
According to Police Commissioner Ray Kelly, Lohan was not administered a breathalyzer test.
Lohan was arrested Wednesday morning after fleeing the scene of the alleged incident. She was then given a ticket and subsequently released from jail. The charge is a misdemeanor, and it could trigger a violation of her probation on theft charges, as her probation hinges on her obeying all laws.
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