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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 12-20-2009, 09:08 AM   #1
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Sleeping in the car?

I searched the forum and couldn't find anything so I thought I'd ask:

Is it a ticketable offence to pull over and sleep in the car if you find yourself too tired to be driving?

I was talking to a friend last night and she was adamant she knew someone who, because he was tired at night, pull over and took a nap in the car and was then woken up and warned for doing so. (I can't remember if he actually received a ticket)

I would think, if a driver is drowsy, that pulling over and napping would be the safer than trying to make it home?

Thanks.
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Old 12-20-2009, 09:11 AM   #2
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I heard that you are not allow to sleep in "driver seat", but "passenger seat"....

correct me if I am wrong
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Old 12-20-2009, 09:44 AM   #3
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driving when you're too tired to do so could be considered impaired driving, and most drivers training places tell you to pull over and have a snooze if necessary. Thats the first i've heard of drivers seat vs passenger seat though
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Old 12-20-2009, 10:54 AM   #4
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Right, that makes sense to me too.

But why would someone be warned by an officer for sleeping in a car?

And could someone receive an actual ticket for for it?
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Old 12-20-2009, 11:00 AM   #5
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Is this in relation to drinking in anyway?

Say a cop wakes you up at your car while you're sleeping:
- in passenger seat
- keys in pocket and not ignition
- intoxicated with alcohol

crime?
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Old 12-20-2009, 11:10 AM   #6
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No, no it wasn't. He had a long day at work, was tired going home and pulled over somewhere for a nap...
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Old 12-20-2009, 01:20 PM   #7
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well, I did a few times, but found somewhere on side street or park area.... and slept in passenger seat because if I sleep on the driver seat, the seat will get warm/hot then when you drive, it's uncomfortable... usually they warn you, but I think it's good for them to do so, at least if you have any medical emergency or dead, you'll look more of less the same as sleeping....
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Old 12-20-2009, 02:26 PM   #8
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i believe in the RoadSense book it tells you to pull over to rest/nap if you find yourself too tired to drive.
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Old 12-20-2009, 02:30 PM   #9
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I think it's only bad if you are intoxicated cause you would be in control of a vehicle. If you are just tired then I don't see any wrong doing.
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Old 12-20-2009, 02:45 PM   #10
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The only thing wrong with it, is if you're a heavy sleeper and don't respond to our banging on the window/yelling. At that point, I break the glass to gain entry (if all doors are locked) to ensure you're not dead or in need of medical attention. Just make sure you're not blocking the roadway, parked in a safe/legal place to park.
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Old 12-20-2009, 03:05 PM   #11
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i don't see anything wrong if you are parked legally.

if you park on the side in the middle of a highway, of course cops are going to hassle you because you are putting your life in danger as well as other motorists
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Old 12-20-2009, 06:51 PM   #12
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parking legally and sleep with a crack of the window so you can hear what's going on outside
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Old 12-20-2009, 07:32 PM   #13
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Yeah, it all sounds reasonable.

I just couldn't figure out why that person would've been woken up and "warned" not to sleep in the car.

Checking to make sure it's not a medical emergency makes sense though. Although that applies to sleeping on any seat in the car. =P
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Old 12-20-2009, 09:42 PM   #14
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If you pulled over and parked in a legal parking spot, meaning your vehicle is allowed to be there, I don't see why it would be a problem if you were sleeping in there.

This is equivalent to asking are you allowed to sleep in your car that is parked in a parking lot.
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Old 01-05-2010, 06:59 AM   #15
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I don't see why would it be illegal? as long as where you park your car does not jeorpardize other drivers' safety.
what if you feel sick? keep driving is not safe...and drawsiness is same thing.

even if it's illegal(to pull over and rest) and get a ticket for it, I'm sure you can use "defence of necessity" in court.
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Old 01-12-2010, 04:35 PM   #16
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Once I was working graveyard security in the downtown east side in an alley, I dozed off and woke up with a cop knocking on my window. He didn't bitch one bit in fact he even offered to go pick me up a cup of coffee, so I think its perfectly fine.

Also the keys were in the ignition and turned so that my radio was playing so I don't think its even necessary to move to the passenger seat.
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Old 01-12-2010, 05:22 PM   #17
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Quote:
Originally Posted by stotch View Post
Once I was working graveyard security in the downtown east side in an alley, I dozed off and woke up with a cop knocking on my window. He didn't bitch one bit in fact he even offered to go pick me up a cup of coffee, so I think its perfectly fine.

Also the keys were in the ignition and turned so that my radio was playing so I don't think its even necessary to move to the passenger seat.
Juse because one cop allowed it to happen doesn't mean it is legal.
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Old 01-12-2010, 08:18 PM   #18
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No reason that I can think of that would prevent you from sleeping in the driver's seat, at least while you were parked anyway!
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Old 01-12-2010, 08:41 PM   #19
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Juse because one cop allowed it to happen doesn't mean it is legal.
Ironic how one cop can make a mistake and yet you blame all cops of being crooks.

Hmmm irony and hypocrisy at its best.
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Old 01-12-2010, 08:46 PM   #20
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if intoxicated and still have keys, i think it's illegal and can be fined heavily

any confirmation?
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Old 01-13-2010, 07:38 AM   #21
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It's called "care and control`. In short, yes. Not only fined but Criminal Code record, vehicle impound & storage charges, driving prohibition etc.
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Old 01-15-2010, 03:52 PM   #22
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Quote:
Originally Posted by liu13 View Post
if intoxicated and still have keys, i think it's illegal and can be fined heavily

any confirmation?
If your in the drivers seat, its illegal because you still have "control over the vehicle" by law. If your sitting in the passenger seat or in the back its fine.

Even if the car is turned off and the keys aren't in the ignition its still not allowed by law.
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Old 01-15-2010, 04:26 PM   #23
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It's called "care and control`. In short, yes. Not only fined but Criminal Code record, vehicle impound & storage charges, driving prohibition etc.
Were you answering the previous post or the original?
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Old 01-15-2010, 05:33 PM   #24
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If you are not under the influence of drugs or alcohol then it is legal to park and sleep off some drowsiness.
If a cop see's you sleeping they are obligated to check on you to ensure you are not dead intoxicated or in any danger.
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Old 01-15-2010, 08:44 PM   #25
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I was answering Post # 21. BTW Post # 22 is not correct. Don't bet your DL and a Criminal record on it. Anywhere in the car with the keys can be considered care & control if the court decides it is. Stay away if you are impaired.
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