- Sleeping in your car is generally legal in New Jersey. There is no statewide law that prohibits simply sleeping in a parked vehicle.
- However, there are important exceptions and restrictions:
Key Restrictions and Exceptions
- Rest Areas and Service Plazas: It is illegal to park and sleep in your car at rest areas or service plazas on the Garden State Parkway and New Jersey Turnpike. These locations specifically prohibit overnight stays and sleeping in vehicles.
- Local Ordinances: Some municipalities have their own rules. For example, Dennis Township in Cape May County has an ordinance that bans sleeping in cars on any quasi-public property (such as business parking lots or public access areas). Violators can face fines up to $2,000 or up to 90 days in jail. Always check local laws before sleeping in your vehicle.
- Extended Stays: Sleeping in your car for an extended period may be considered “camping” and could violate local ordinances.
Sleeping in Your Car While Intoxicated
- DUI Risk: New Jersey law does not distinguish between “driving” and “operating” a vehicle. If you are found sleeping in your car while intoxicated, especially with the engine running or keys accessible, you can be charged with DUI-even if the vehicle is stationary.
- Engine On: If the engine is running (even for heat or air conditioning), you are at significant risk of a DUI charge.
- Keys Accessible: Even if the engine is off, having the keys within reach (such as in the ignition or on your person) can lead to a DUI charge.
- Intent to Drive: Prosecutors may argue you intended to drive while intoxicated, which can result in a conviction.
Best Practices for Car Sleeping in New Jersey
- Check Local Laws: Before sleeping in your car, verify local ordinances, especially in unfamiliar towns or cities.
- Avoid Rest Areas/Service Plazas: Do not sleep at rest stops on major highways like the Garden State Parkway or Turnpike.
- Do Not Sleep While Intoxicated: If you have consumed alcohol, do not sleep in the driver’s seat, do not keep the keys accessible, and do not start the engine.
- Respect Private Property: Do not sleep in your car on private property without permission, as this could be considered trespassing.
Table: Car Sleeping Legality in New Jersey
| Situation | Legal Status | Notes |
|---|---|---|
| Sleeping in car (general) | Legal | Unless prohibited by local ordinance |
| Sleeping in car at rest areas/service plazas | Illegal | Prohibited on Garden State Parkway and NJ Turnpike |
| Sleeping in car while intoxicated | High DUI risk | Especially if engine is on or keys are accessible |
| Sleeping in car in Dennis Township | Illegal | Fines up to $2,000 or 90 days jail for sleeping in car on quasi-public property |
Sleeping in your car is usually legal in New Jersey, but local rules and DUI laws can make it risky. Always check local ordinances, avoid sleeping in your car while intoxicated, and never sleep at highway rest stops or service plazas.
Sources
[1] https://nj1015.com/sleep-in-car-nj-law/
[2] https://943thepoint.com/is-it-illegal-to-sleep-in-your-car-in-new-jersey/
[3] https://www.thevigilantelawfirm.com/am-i-allowed-to-sleep-in-my-car-while-drunk-in-new-jersey/
[4] https://973espn.com/this-is-the-only-town-in-new-jersey-where-you-cant-sleep-in-your-car/
[5] https://www.jackery.com/blogs/knowledge/is-it-illegal-to-sleep-in-your-car-what-states
