Cellphone usage and driving don’t mix. As cellphone and smartphone ownership has skyrocketed over the last 20 years, so has their use in motor vehicles, leading to increased distracted driving.
To combat this, states and federal transportation agencies have taken several approaches to tamp down the use of electronics while driving, including:
- Texting bans
- Age restrictions on cellphone use
- Numerous ad and marketing campaigns reinforcing the danger of distracted driving
Today, many states, including Missouri, enforce “hands-free” laws to counteract distracted driving. Keep reading to learn more about the new Missouri Hands-free Law.
What Is the Missouri Hands-Free Driving Law?
The following information about the new law is from Section 304.822 of the Missouri Revised Code. This blog will not cover all aspects of the new law. Please visit the Revisor of Missouri website for full details.
The Missouri Hands-free Law, also known as the Sidens Bening Hands-free Law, went into effect in August 2023 but had a 16-month grace period for drivers to become informed and acclimate to the new rule. In 2025, the Missouri Hands-free Law was fully enforced and acts as a low-tolerance policy for communications electronics usage.
The law focuses on reducing manual or visual activities from cellphone use that could distract you while driving. Some prohibited behaviors in the new law include:
- Holding or supporting your cell phone with your hand, lap or any other part of your body
- Manually dialing a phone number
- Texting
- Using social media
- Playing games
- Watching videos or movies
- Taking videos or photos
- Video calls
- Browsing the internet
Acceptable Hands-Free Functions
While the law focuses on reducing cellphone and smartphone use, there are still some hands-free functions that can be utilized, including:
- Using speakerphone
- Connecting your phone to the vehicle via Bluetooth or USB
- Using aftermarket Bluetooth devices
Drivers can also use in-vehicle mounts to support their phones while navigating with GPS or playing music and audio. While all of these smartphone functions are considered compliant with the Missouri Hands-free Law, they should always be started while the vehicle is parked.
Missouri Hands-Free Law Penalties
While this policy is designed to hold drivers accountable for driving while using electronic devices, it cannot be the initial cause for the stop. A citation will only be assessed if the driver is first pulled over for another violation.
To dissuade Missouri drivers from using their phones while driving, the Missouri Hands-free Driving Law includes a set of specific penalties. Penalty criteria includes:
- No prior conviction within the last 24 months – $150
- One prior conviction within the last 24 months – $250
- Two or more prior convictions within the last 24 months – $500
- Violation in a work zone or school zone – $500
- Violation that caused property damage above $500 – Class D Misdemeanor
- Violation that caused serious physical injury – Class B Misdemeanor
- Violation that caused the death of another person – Class D Felony
Why Was This Law Put Into Effect?
Driver distraction is involved in many injury-causing and fatal crashes, so Missouri lawmakers wanted to find a way to limit these crashes. While more data needs to be collected on the law’s effectiveness, early signs are pointing toward positive trends in reducing crashes. According to a report from Cambridge Mobile Telematics, in 2024, Missouri’s hands-free law helped prevent more than 1,000 crashes and avoid more than 600 injuries, five fatalities and $22 million in economic damages.
Why Is It Important to Drive Distraction-Free?
You don’t have to use your phone to be distracted while driving. Cognitive distractions can still be present when using a hands-free device or phone mount. It’s essential to always proceed with caution when using any technology while driving, even if it is within your state’s law. Driving distraction-free is critical to your safety, your passenger’s safety and the safety of others on the road.
What Should I Do If I’ve Been Injured in an Accident With a Distracted Driver?
If you’ve been injured in a car accident with a negligent driver, ensuring fair compensation is paramount. Please visit our contact page today to get in touch with an experienced personal injury legal team.
