Missouri’s Cell Phone-Use & Texting-While-Driving Laws

Missouri's distracted driving law (called "Siddens Bening Hands Free Law") went into effect in 2023. The law broadly prohibits the use of handheld electronic devices and several other distracting uses of electronics while driving. This article details the law's restrictions and explains the penalties for distracted driving tickets.

Missouri's Distracted Driving (Texting, Phones, and Electronics) Laws

Missouri's distracted driving law prohibits all drivers from:

• physically holding or supporting, with any part of the body, an electronic communication device
• writing, sending, or reading any type of text message (except when using hands-free or voice-operated modes)
• making any communication on an electronic communication device, including phone calls, voice messages, and one-way voice communication (except when using hands-free or voice-operated modes)
• engaging in any form of electronic data retrieval or electronic data communication on an electronic communication device
• manually entering letters, numbers, or symbols into any website, search engine, or application on an electronic communication device
• watching a video or movie on an electronic communication device (other than watching data related to the navigation of the vehicle), or
• recording, posting, sending, or broadcasting video, including a video conference, on an electronic communication device (this prohibition doesn't apply to electronic devices used for the sole purpose of continually monitoring operator behavior by recording or broadcasting video within or outside the vehicle).

Exceptions to Missouri's Distracted Driving Restrictions

Missouri's distracted driving law contains many exceptions. These exceptions permit drivers to use electronic devices:

• while lawfully parked or stopped
• that are factory-installed or aftermarket GPS devices
• to report illegal activity
• to summon medical or other emergency help
• to prevent injury to a person or property, and
• to relay information between a transit or for-hire operator and the operator's dispatch (where the device is permanently affixed to the vehicle).

Also, the distracted driver restrictions don't apply to law enforcement, fire department officials, and ambulance personnel performing official duties.

Police Can't Stop a Driver for Distracted Driving in Missouri Because It's a Secondary Violation

Missouri's distracted driving law is fairly comprehensive in what it prohibits. However, police might face difficulties enforcing the law because the Legislature made distracted driving a "secondary violation." Police can't stop drivers for secondary violations. To ticket a driver for distracted driving, police must have some other reason for the stop such as speeding or stop sign violations (both of which are "primary violations").

By making distracted driving a secondary violation, the Legislature definitely removed some of the legislation's teeth.

Missouri's Distracted Driving Ticket Penalties

A distracted driving violation is an infraction and is considered a moving violation. The penalties for a violation depend on the circumstances.

Penalties for Standard Distracted Driving Tickets in Missouri

A standard distracted driving violation carries:

• a maximum fine of $150 for a first offense within 24 months
• a maximum fine of $250 for a second offense within 24 months
• a maximum fine of $500 for a first offense within 24 months

A conviction will generally result in two traffic violation points being assessed to the motorist's driving record.

Penalties for Distracted Driving in Construction and School Zones in Missouri

For violations that occur in school or construction zones, the maximum fine is $500.

Penalties for Distracted Driving Violations Involving Accidents in Missouri

Distracted driving violations involving accidents carry more serious penalties.

Distracted driving involving property damage. When an accident involves just property damage of more than $5,000, the distracted driving offense is a class D misdemeanor. A conviction carries up to $500 in fines. The conviction can also result in four traffic violation points.

Distracted driving causing serious injuries. Distracted driving violations involving serious injuries are class B misdemeanors. A conviction carries up to $1,000 in fines and a maximum of six months in jail. The conviction can also result in four traffic violation points.

Distracted driving causing deaths. Where a distracted driving offense leads to the death of another person, the driver is looking at a class D felony, up to seven years in prison, and a fine of up to $10,000. A felony conviction will also result in 12 traffic violation points.