… or maybe he was!    “It appears he was not at fault,” Los Angeles County Sheriff’s spokesman Steve Whitmore said Tuesday. “We have strong evidence that the other driver ran a red light.”  Yet, according to Sgt Scott Wolf, who talked to PEOPLE, “he was showing obvious signs of intoxication from the smell of alcohol coming from his breath.”  The plot thickens!  In the mean time, Shia’s recovering from hand surgery and hasn’t formally been charged with a crime.

… or maybe he should have taken his drunk ass home in a cab.  Instead he got into his Ford F-150 with Australian actress Isabel Lucas (she’s dating Entourage’s Adrien Grenier) and flipped over after getting broadsided during an illegal left turn.  Isabel’s okay, but Shia messed up his left hand and is now recovering from surgery.