Lindsay Lohan smelt of alcohol after her car hit a pedestrian in New York

The Liz & Dick actress was arrested just after midnight  for fleeing the scene of an accident and her alleged victim, Jose Rodriquez, claims she was 'slurring' her words after the incident outside the city's Dream Hotel.

Jose recalled to the New York Daily News newspaper, "I saw this car come real quick and hit me. I was in so much pain. I fell to the side."

"When she got out of the car, I asked, 'Why did you do that?' and she said, 'You have to get out of the way', "She told me I have to move."

"She was slurring. She smelled like alcohol real bad."

Jose said one of the men in the car moved Lindsay from the driver's seat into the back and then told him there was "no problem".

Jose added: "He kept saying, 'We have to move the car,' and for me to move. They drove off, like it didn't matter."

However, Lindsay is said to have told pals she feels she has been "set up" and thinks there's something "fishy" about her arrest.

The 26-year-old star claims she had no idea she had struck anyone and didn't know about the incident until she was arrested when she left the hotel at around 2.30am.

The Mean Girls star was booked for the misdemeanour offence of leaving the scene of an accident and released with a desk appearance ticket, meaning she did not have to pay bail before release.

Though the offence is a misdemeanour, it could trigger a probation violation in Lindsay's jewellery theft case as one of the conditions of probation is that she obeys all laws.