Cellphone usage and driving don’t mix. As smartphone ownership has climbed over the last 20 years, so has distracted driving tied to using a phone while driving. NHTSA data shows distraction-affected crashes killed 3,208 people nationwide in 2024, a slight improvement from 3,283 deaths the year before, but still thousands of preventable deaths tied to phones and other distractions behind the wheel.Â
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 comes from Section 304.822 of the Missouri Revised Code. This post doesn’t cover every detail of the law. Visit the Revisor of Missouri website for the full text.
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. By 2025, the law was fully enforced, and Missouri now treats communications electronics use behind the wheel as a low-tolerance offense. Some drivers still refer to this simply as the Missouri cell phone law, though the statute reaches well beyond phones alone.Â
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.
Frequently Asked Questions
What is the Missouri hands-free law?
The Missouri hands-free law, officially called the Siddens Bening Hands-free Law and codified in RSMo 304.822, bans drivers from physically holding or supporting a cellphone or other electronic communication device while operating a vehicle. It targets manual and visual distractions like texting, browsing and video calls rather than hands-free functions.
Is Missouri’s cell phone law a primary or secondary offense?
It’s a secondary offense. An officer can’t pull you over for using your phone alone. A citation only gets added once you’ve already been stopped for a separate traffic violation, like speeding or failing to signal.
What counts as using a phone while driving under Missouri law?
Prohibited behavior includes holding or supporting a phone with your hand, lap or body, manually dialing numbers, texting, browsing the internet, watching videos, taking photos or video, using social media and playing games while the vehicle is in motion.
What is a texting and driving ticket going to cost me in Missouri?
Fines start at $150 for a first offense within 24 months, rise to $250 for a second and reach $500 for a third or more. Violations in a work zone or school zone carry a flat $500 fine regardless of prior offenses.
What should I do if a distracted driver hits me in Missouri?
Seek medical attention, document the scene if you’re able to, and contact the investigating officer to confirm whether phone use is noted in the crash report. Then speak with a personal injury attorney about your options for pursuing compensation.