Legal Question in Traffic Law in New Jersey

Sleeping in a car

I had recently been stranded at a bar at 2:30 am, and I was more than 5 miles away from my house. I just turned 21 two days prior, so my alcohol tolerance and control abilities were not up to par yet, but I knew driving was completely out of the question. I decided to sleep in my car in the back seat until the effects wore off, the keys were not in the ignition and I had no intent of driving. I got a ticket for ''sleeping in a motor vehicle'' for 150 dollars. I am taking it to court, what are my chances?


Asked on 7/11/08, 11:06 am

3 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Sleeping in a car

I would also assume that it is a violation of a municipal ordinance. A lot cheaper than a drunk driving ticket, don't you think? Probably as inexpensive as a motel would have been.

Go in and explain it to the prosecutor. Tell him how responsible you were trying to be. Maybe they'll knock down on the fine. And congratulations on making an excellent decision!

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Answered on 7/11/08, 2:48 pm
Robert Davies The Davies Law Firm, P.A.

Re: Sleeping in a car

That is outrageous. I have never even heard of such a traffic offense. I was curious enough to try to look it up, and found nothing.

Can you please tell us what the number is for the statute that you supposedly violated? It would be on the ticket. what is the number of the law that you violated? It might be in the form of "NJSA 39:xxx" if it is a state statute. If it is a local ordinance, then it would be in a different form.

I suggest that you talk to an attorney that your family has used, and get some advice. The amount of the fine is probably too small to make it worth hiring a lawyer, but you will have to decide that.

Good luck. your chances are much better if you do have a lawyer. I have no idea if you will win.

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Answered on 7/11/08, 11:17 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Sleeping in a car

It has to be a town ord. What are you really going to do for $150 though? Just talk to the prosecutor and try to work something out.

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Answered on 7/11/08, 12:57 pm


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