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Allegedly Wasted Driver Can't and Won't Face Criminal Charges ... Despite Fact He Couldn't Even Stand

The L.A. driver, who appeared to be utterly wasted after smashing into 3 parked cars and walked into the sunset with cops watching, has gotten the break of the century ... because he can't be prosecuted.

Law enforcement sources tell us ... there's no way legally charges could stick, because LAPD officers never gave the guy a field sobriety test. The reality ... even though you see him on video clearly not in control of himself as he repeatedly stumbles and falls, it's not enough to file charges.

The guy's lawyer could easily argue there were other reasons the guy seemed out of it. He could argue it was some unexplained medical condition or something else. Fact is ... prosecutors would have to prove beyond a reasonable doubt he was driving under the influence, and there's no way they can do that without a field sobriety test or a blood test back at the station.

The LAPD is conducting an internal investigation to determine why cops utterly ignored the obvious at the scene.

The scary part ... this guy seemed to be 3 sheets to the wind in the middle of the day, so if he gets another working vehicle he could be an extreme danger to other drivers and pedestrians.

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