Basking Ridge, NJ asked in DUI / DWI for New Jersey

Q: Can a hostess at a bar file a DUI complaint against me

I was leaving a bar in NJ and had difficulty locating my car in a very large parking lot. A hostess helped me find it and then said she did not want me to drive because she thought I was drunk. I said I was find and left and she threatened to call the police. I drove home safely with no incidents but can she file a complaint with out any proof?

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1 Lawyer Answer

A: Court typically would not permit non officer to sign DWI complaint. NJ Law says 39:4-50 Driving while intoxicated

39:4-50 . (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:

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