In court papers filed Tuesday, a busboy suing Lindsay Lohan alleges he has proof that Lohan had been drinking before she collided with his van in October 2005.

Raymundo Ortega is seeking $200,000 in damages. He alleges Lohan drove her Mercedes-Benz into his van, drunk, as she tried to avoid photographers.

Lohan, 21, has previously countersued the busboy, asserting that CHP had found Ortega caused the crash with an illegal U-turn.

Last week, TMZ.com published a receipt showing what TMZ asserts is Lohan and four friends’ receipt at the Ivy restaurant that day. The bill includes four Ivy Gimlets, a vodka drink.