How a Parked Car Can Still Lead to a DUI Arrest SLEEPING IT OFF WON’T SAVE YOU
BOOTS CANDLES CARNATION FURNACE
GARNET HOCKEY INSULATE JANUS
OPPOSITE RESOLUTION
SKATING SWEATER
For many of us, the desire to take a nap is a familiar feeling. Nearly 1 in 7 adults reports feeling very tired or exhausted most days, according to a survey by the National Center for Health Statistics. If sleepiness hits while you’re driving, pulling over to take a nap at a rest stop or public parking lot may seem like the right thing to do. However, doing so puts you at risk of waking up to a police officer tapping on the car window. If you’ve been drinking, a DUI charge is almost certain to follow. This happened to one of my past clients, who was arrested and charged after an officer discovered him at a rest stop, curled up in a fetal position in the back seat of his Prius! These arrests are based on the idea that even if the car is not running, you most likely intend to drive if you are seated in the driver’s seat or have the keys available in the ignition or your hand. And if your blood alcohol content tests above the legal limit during this encounter, you are vulnerable to a DUI charge.
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Why are the police meddling with your nap? Several factors account for these arrests.
• Although statewide data shows deaths from drug overdoses in New Jersey have been declining since 2022, the magnitude of the opioid epidemic led to a lasting increase in officers’ checking on people in parked vehicles, to prevent possible overdose deaths.
• Sleeping in your car might be a violation of local ordinances against camping or loitering.
• Certain rest stops and beach towns prohibit overnight parking, giving officers a reason to monitor parked vehicles.
• Lots at Walmart and other retail establishments with “No Overnight Parking” signs also may frown on people sleeping in parked vehicles.
The bottom line: If you’ve been drinking, find someplace other than your vehicle to nap. And if you are arrested while sleeping it off, you will need the help of an experienced DUI attorney to mount a skillful defense. To maximize your chances of getting the charges reduced or dismissed, contact our office today!
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