Yes, you can absolutely get a ticket while sitting in your car. The key factor isn't whether you are inside the vehicle, but whether the vehicle is in violation of a law. For instance, common scenarios include receiving a parking ticket for an expired meter, even if you're just waiting inside, or getting cited for an equipment violation like a broken taillight that an officer observes as they pass by. The most significant risk involves traffic violations related to your behavior while the engine is running, such as using a handheld phone or not wearing a seatbelt.
The legality hinges on the specific statute. Parking violations are typically attached to the vehicle itself. Moving violations, however, require the vehicle to be "in operation" on a highway. Courts have generally defined this as having the engine running, even if the car is stationary. This is why you can be ticketed for DUI if you are intoxicated, sitting in the driver's seat with the keys in the ignition, and the engine on, even if the car isn't moving. You are considered to be in "actual physical control" of the vehicle.
| Scenario | Common Citation | Key Determining Factor |
|---|
| Parked at an expired meter | Parking Violation | Location of the vehicle, not occupant status. |
| Engine running while using a phone | Distracted Driving | Vehicle is "in operation" (engine on). |
| Sitting in a driver's seat, intoxicated, with keys in ignition | DUI (Actual Physical Control) | Potential to set the vehicle in motion. |
| Parked illegally in a handicap spot without a placard | Parking Violation | Status of the parking space. |
| Seatbelt not fastened while engine is running | Seatbelt Law | Vehicle is "in operation" on a roadway. |
To avoid a ticket, the safest approach is to ensure your vehicle is legally parked and that you are in full compliance with all traffic laws if the engine is running. If you are parked and need to use your phone, turning the engine off can sometimes help distinguish you from active traffic, but local laws vary. Ultimately, an officer has the discretion to issue a citation based on their observation of a violation.
