Sleeping in your car can be a convenient option during long road trips or emergencies, but its legality varies depending on location and circumstances. In Nebraska, car sleeping is not inherently illegal, but there are specific rules and considerations that drivers must follow to avoid fines or legal issues. Here’s what you need to know about sleeping in your car in Nebraska.
General Legality of Sleeping in Your Car
Nebraska does not have a statewide law prohibiting sleeping in your car. However, the legality depends on where you park and the circumstances under which you are found sleeping. For example:
- Public Roads: Parking and sleeping on public roads is allowed only if the vehicle does not obstruct traffic and complies with Nebraska Revised Statute 60-6,164. Vehicles must be parked off the road with a clear view of at least 200 feet in each direction, and parking cannot exceed 24 hours.
- Rest Areas: Nebraska prohibits overnight camping or parking at rest areas. The maximum stay allowed is 10 hours, after which vehicles must move.
- Private Property: Sleeping in your car on private property without permission can result in trespassing charges.
Parking Restrictions
Certain areas have specific rules regarding parking and sleeping:
- Highways and Freeways: Parking on freeways is prohibited unless the vehicle is disabled or the driver is incapacitated. Even then, parking on the shoulder cannot exceed 12 hours.
- Rest Stops: While rest stops allow short breaks, overnight stays or prolonged parking beyond 10 hours are not permitted.
- Designated Campsites: Camping in vehicles is only allowed at designated campsites managed by local authorities or the Game and Parks Commission.
Sleeping While Intoxicated
If you are intoxicated, sleeping in your car can lead to legal complications:
- Nebraska law considers whether a person has “actual physical control” of the vehicle when determining DUI charges. This means that even if the car is stationary, having the keys in the ignition or within reach could result in a DUI citation.
- To avoid suspicion of intent to drive while intoxicated, it’s recommended to:
- Move to the backseat or passenger seat.
- Place keys out of reach (e.g., in the trunk).
- Avoid starting the engine, even for heating purposes.
Safety and Practical Considerations
While car sleeping may be legal under certain conditions, it’s essential to prioritize safety:
- Choose well-lit areas like Walmart parking lots (where permitted) or designated campgrounds.
- Avoid areas with “No Overnight Parking” signs.
- Be mindful of extreme temperatures; never leave your engine running for extended periods as it can lead to carbon monoxide poisoning.
Potential Penalties
Violating local ordinances regarding parking or camping can result in fines or misdemeanor charges:
- Camping outside designated areas on public property is classified as a Class V misdemeanor under Nebraska law.
- Overstaying time limits at rest areas can lead to citations from local authorities.
Sleeping in your car in Nebraska is generally permissible under specific conditions but requires careful attention to local regulations. Drivers should park responsibly, avoid restricted areas like rest stops for overnight stays, and take precautions if intoxicated to prevent legal issues. By understanding these rules, you can safely use your vehicle for rest without running afoul of state laws.
SOURCES:-
[1] https://www.criminaldefensene.com/can-you-get-dui-for-sleeping-in-your-car-drunk/
[2] https://www.autoinsurance.org/is-it-illegal-to-sleep-in-your-car/
[3] https://www.londonlawofficene.com/blog/2021/11/is-it-legal-to-sleep-it-off-while-drunk-in-your-car/
[4] https://nebraskalegislature.gov/laws/statutes.php?statute=39-312
[5] https://www.freeway.com/knowledge-center/auto/have-you-ever-wondered-if-its-legal-to-sleep-in-your-car/
