Is it Illegal to sleep in your Car in Florida?
To answer this question simply: There is no clearly defined Florida law making it illegal to sleep in a car, but there could be certain circumstances that could make it illegal or questionable. If you ever have the unavoidable desire to sleep in your car, It is wise to find a safe place without parking restrictions or an official order against resting in public. In fact, I would say that if you find yourself too tired to drive, you could always try to argue that you are resting before a trip as you feel driving tired is unsafe. So that being said: Where can you sleep in your car legally?
Is it Illegal to sleep in your Car in Florida? – Stay Away From Restricted Zones
Most people that get into trouble for sleeping in their car get arrested or fined for trespassing. Therefor, if you must sleep in your car, it is wise to make sure that you are parked up in an area where you have permission to rest throughout the night. Most places that are created for relaxations and truck stops usually allow sleeping, but many public parks and private commercial properties do not. You can check with the owner of the property to avoid trespassing charges and obey all local parking laws.
Is it Illegal to sleep in your Car in Florida? – Do Not Violate Any Existing Regulations
Some cities may have ordinances that make it a massive violation to sleep or loiter in certain public places. These laws are usually put in place to deter youth hanging spots and some homeless people but do not be so quick to assume that they cannot be applied to people found sleeping in their vehicle. Though most ordinance violations do not usually result in major punishments, you may face a fine or jail time. It is always wise enough to be conversant with local laws before sleeping in an area.
Is it Illegal to sleep in your Car in Florida? – Sleeping in Your Car While Drunk
Many instances where people end up sleeping in their car is the resulting outcome of a heavy night drinking too much in a bar or club. It is often too late to go home or find your way home, and you will have had too much to drink to drive legally. Leaving you with no options, you head to your car and to sleep your drunken state off all night.
If you climb into the back seat of your car and go to sleep, you are generally not going to have any problems. Your keys are nowhere near the ignition, and you are nowhere the vehicle’s controls.
If you are found sleeping intoxicated in your car, even with the engine switched off, you may be prosecuted for being in charge of a mechanically propelled vehicle when unfit to operate it because of either drink or drugs. (Section 4(2) of the Road Traffic Act 1988).
Although there is a defense immediately listed below this law stating that you’re not guilty if there is no likelihood of you driving it while still in such state, I have found countless press articles and court texts about people being successfully prosecuted for this.
However, the law in Florida gives an officer the right to get you arrested if found driving under the influence of Alchohol in complete physical control of the vehicle. The Actual physical control can include several things like; where your car is situated, where your car keys are located and lastly if your car engine is running.
If you are drunk and need to sleep in your car, it is better not to have your car keys anywhere near your car interior to be safe from any form of offenses.