Update!

Shia LaBeouf Mostly in the Clear for Crash

D.A.'s office plans to file charges against two others, but not LaBeouf, for July 27 rollover crash that left the actor with a crushed hand

By Natalie Finn Sep 26, 2008 2:43 AMTags
Shia LaBeoufFlynetpictures.com

Shia LaBeouf's good fortune continues, but whether he'll be spending some of that fortune on a chauffeur is another question.

The Los Angeles District Attorney's Office has opted not to file charges against the 22-year-old actor in connection with the July rollover crash that left him with a mangled hand.

"We have formally rejected filing DUI charges because of insufficient evidence," D.A. spokeswoman Jane Robison told E! News Thursday. She said that her office expects to file charges against two other people involved in the smashup but no further details will be available until tomorrow.

There was no immediate comment from LaBeouf's camp.

It's not all over for the Eagle Eye star, however. Today's news may come as a relief but there is a DMV hearing set for Friday to determine whether the actor will lose his license for a year for failing to submit to a blood-alcohol test after the crash.

"When a person refuses to have a blood alcohol test it is an automatic suspension under the Department of Motor Vehicle regulations," L.A. Sheriff's Department spokesman Officer Steve Whitmore told E! News.

"That is why the hearing is tomorrow is because he refused to have a blood alcohol test. It’s an automatic suspension."

DMV spokesman Armando Botello told E! that someone's license could be revoked for two or three years for refusing the test and that the minimum penalty is a one-year suspension.

At tomorrow's hearing, an officer will review evidence, such as whether a test was requested and if so, whether LaBeouf was informed that he could lose his license, and hear from witnesses. A decision will be handed down 15 days after the hearing.

LaBeouf is not required to attend and will not be, according to his attorney, Michael Norris.

The Transformers hero was cited for misdemeanor driving under the influence while in the hospital but was never taken into custody nor required to post bail.

He was laid up at Cedars-Sinai Medical Center, where he underwent surgery to repair his crushed left hand, for close to a week following the July 27 accident—which authorities eventually determined was the fault of the other driver.

Herbert Simon, 21, was issued a citation for running a red light. His car hit LaBeouf's F-150 Ford pickup at about 2:30 a.m. in West Hollywood as the actor was attempting a legal left turn.

LaBeouf and his passenger, Transformers 2 costar Isabel Lucas, were both taken to Cedars by ambulance. Lucas was released later that day after being treated for minor injuries.

The accident, while it didn't exactly leave legions of fans in tears for LaBeouf's virtue, did draw more attention than ever to what seemed like party-hearty habits.

"[Drinking is] not something that is conducive to being a role model—no iconic actors that I know of have problems like that," the burgeoning heartthrob had ironically told Details not long before the crash.

"And I don't know how to do it like a gentleman. I don't know how to have one drink."

—Additional reporting by Claudia Rosenbaum

(Originally published Sept. 25, 2008 at 3:56 p.m. PT.)