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What Are the Penalties for Using Your Phone While Driving in Missouri?
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Missouri’s approach to phone use behind the wheel changed dramatically when the Siddens Bening Hands-Free Law took effect. Signed into law in August 2023, this statute (RSMo Section 304.822) initially carried only a warning period. That grace period ended on January 1, 2025, when officers gained authority to cite and collect monetary penalties from violators.
Before this statewide change, only drivers under 21 were prohibited from texting. Now, every motorist on a public highway or property open to vehicular traffic must comply, regardless of age or experience. The law targets the physical handling of any electronic communication device, a term that covers far more than just cell phones. Tablets, laptops, portable gaming systems, and similar gadgets all fall under the prohibition.
Here is what you are specifically barred from doing while operating a vehicle:
- Holding or physically supporting a phone with any part of your body
- Writing, sending, or reading text-based messages, emails, or social media posts
- Manually entering letters, numbers, or symbols into apps, search engines, or websites
- Making phone calls without voice-operated or hands-free features
- Watching or recording video (other than GPS navigation data)
- Engaging in video conferences or broadcasting live content
Perhaps the most overlooked detail? Resting your phone on your lap or wedging it between your shoulder and ear both count as “supporting” the device. A single swipe or touch to activate a hands-free function is permitted, but anything beyond that crosses the line.
Exceptions You Should Know About
Not every situation triggers a citation. The statute carves out specific exceptions:
- Emergency calls to report crashes, crimes, or urgent situations
- Operators whose vehicles are lawfully parked and fully out of traffic flow (sitting at a red light does not qualify)
- Voice-operated or hands-free technology, including Bluetooth, speakerphone, and in-vehicle infotainment systems
- Using a mounted device to view a navigation map
- Listening to audio broadcasts or recordings
- Law enforcement and emergency responders performing official duties
One thing to note: being stopped at a traffic signal or stop sign is not the same as being parked. Scrolling through your phone at a red light could still result in a ticket.
Fines and Monetary Consequences for Each Offense Level
The financial impact of a citation depends on how many times you have been convicted within a rolling 24-month window. Penalties escalate with repeat offenses, and certain aggravating circumstances can further increase the amount.
Distracted Driving Fine Schedule in Missouri
| Offense Level | Maximum Fine | Classification |
| First conviction (no priors in 24 months) | Up to $150 | Infraction |
| Second conviction (one prior in 24 months) | Up to $250 | Infraction |
| Third or subsequent conviction (two+ priors in 24 months) | Up to $500 | Infraction |
| Violation in a school zone or work zone | Up to $500 | Infraction |
| Proximate cause of property damage over $5,000 | Up to $500 | Class D Misdemeanor |
| Proximate cause of serious physical injury | Up to $1,000 + up to 6 months jail | Class B Misdemeanor |
| Proximate cause of another person’s death | Up to $10,000 + up to 7 years in prison | Class D Felony |
Keep in mind that these amounts represent court-imposed maximums. The actual penalty assessed will depend on the judge, the circumstances, and whether you contest the citation.
How Fines Starting at $150 Can Grow Quickly
A single $150 penalty might not seem devastating on its own, but repeat citations within two years will push you toward the $500 ceiling fast. And that does not account for court costs, which are often tacked on separately. If the violation occurred in a designated school zone or a construction area where workers were present, the maximum jumps straight to $500, even on a first offense.
Points on Your License and the Risk of Suspension
Beyond the monetary hit, a conviction can result in points being added to your record. A standard infraction-level citation typically carries two points. Misdemeanor convictions for causing property damage can result in four points. At the end, a felony conviction for a fatal crash adds 12 points to your record.
Why do those numbers matter? The state’s Department of Revenue tracks accumulated points over specific timeframes:
- 8 or more points within 18 months triggers a 30-day license suspension
- 12 or more in 12 months leads to a one-year revocation
- 18 or more within 24 months also results in revocation
For someone who already has a few marks on their record, even a two-point addition from a single traffic ticket could push them past the threshold. That means a suspended or revoked license, which creates a cascade of problems: loss of transportation, potential job issues, and the need to file an SR-22 to get reinstated.
Commercial motor vehicle operators face an additional concern. Under the statute, a cell phone citation while operating a commercial rig counts as a serious traffic violation under Section 302.700. Multiple serious violations can lead to disqualification from holding a commercial license, effectively ending a career.
When Phone Use Behind the Wheel Becomes a Criminal Matter
Most citations under the hands-free statute are classified as infractions, roughly equivalent to a standard moving violation. But the consequences shift dramatically when the behavior causes real harm.
Property damage exceeding $5,000 bumps the charge to a Class D misdemeanor. This is still on the lower end of the criminal law spectrum, but it creates a permanent record and can carry up to $500 in court-ordered financial penalties.
Serious physical injuries caused by a motorist who was using a device illegally elevate the charge to a Class B misdemeanor. Conviction carries a possible sentence of up to six months in jail and fines of up to $1,000. These are not abstract scenarios; car accidents involving phone use frequently result in broken bones, traumatic brain injuries, and spinal damage.
The most severe outcome, a fatality caused by the violation, is treated as a Class D felony. This carries a potential sentence of up to seven years in state prison and financial penalties of up to $10,000. A felony conviction also carries lasting collateral consequences: difficulty finding employment, loss of certain civil rights, and a permanent mark on your criminal record.
It is worth pausing on that for a moment. A single glance at a text message that leads to a fatal collision could transform an otherwise law-abiding person into a convicted felon. That is not hyperbole; it is what the statute explicitly provides.
Impact on Your Insurance and Civil Liability
An area that many people overlook is the insurance fallout from a conviction. Auto insurers regularly review policyholders’ records, and a moving violation for phone use signals increased risk. Expect premium increases that could persist for three to five years after the conviction.
If the citation involved an accident, the financial exposure grows substantially. Beyond premium hikes, the at-fault motorist may face a civil personal injury lawsuit filed by anyone who sustained injuries in the crash. Under Missouri’s comparative fault system, evidence that the at-fault driver was violating the hands-free statute strengthens the injured party’s claim considerably.
An attorney representing an accident victim will almost certainly subpoena phone records to establish that calls, texts, or data activity occurred at the time of the collision. Vehicle event data recorders can corroborate the timeline. This combination of evidence makes it very difficult for the offending motorist to deny responsibility.
For drivers who carry only minimum liability coverage, a serious injury claim could exceed policy limits, leaving them personally responsible for the difference. Missouri requires liability coverage of just $25,000 per person and $50,000 per accident for bodily harm, amounts that can be exhausted quickly in cases involving hospitalization or long-term rehabilitation.
How Enforcement Actually Works on Missouri Roads
There has been some confusion about whether officers can pull you over solely for holding a phone. Several sources, including a Missouri traffic law firm and an insurance site, have described the statute as a secondary offense, meaning officers need another reason to initiate a stop before adding the phone citation. Other legal analysis, however, points to the language of the statute itself, which does not explicitly limit enforcement to secondary stops for noncommercial drivers.
What is clear is this: if an officer observes you holding a device during a stop initiated for any other reason, such as lane drift, speeding, or running a signal, the phone citation will be added. Officers from the Highway Patrol have reported issuing over a thousand warnings during the grace period, suggesting active attention to this behavior.
The right to decline a search of your device is explicitly protected under Section 304.822. When stopped, the officer must inform you that you may refuse to allow them to examine the contents of your phone. No warrant shall be issued solely based on a citation under this section, though a warrant may be obtained through other probable cause.
Protect Your Rights After a Citation or Crash
If you have already received a citation or if you were hurt in a collision involving a distracted motorist, speaking with an experienced attorney is a smart next step. A qualified legal professional can review the specific facts of your situation, advise you on whether to contest the charge, and help you understand how a conviction could affect your record and your coverage rates.
Contact The Missouri Injury Law Firm for a Free Consultation
Our team has handled cases across the state involving negligent and reckless motorists, including those caused by distracted driving. Whether you are fighting a citation or pursuing compensation for injuries caused by someone else’s carelessness, we are ready to help you understand your options and protect what matters to you most.
Frequently Asked Questions
What is the distracted driving law in Missouri?
Missouri’s Hands-Free Law, codified as RSMo Section 304.822, prohibits all motorists from physically holding or supporting an electronic communication device while operating a vehicle on any public roadway. The prohibition covers texting, calling without a hands-free feature, browsing the internet, recording video, and manually entering data into apps or search tools. Officers began issuing citations on January 1, 2025, after a 16-month warning-only grace period. Hands-free technology like Bluetooth, speakerphone, and mounted GPS remains permitted under the statute.
What percent of your sentence do you serve in Missouri?
The portion of a sentence actually served in Missouri depends on the offense classification, whether it is deemed a violent or dangerous crime, and the offender’s prior prison history. For non-violent, lower-level felonies with no prior commitments, parole eligibility can begin at roughly 15 percent of the imposed term. Repeat offenders face higher minimums by statute: 40 percent for one prior commitment, 50 percent for two, and 80 percent for three or more. For 25 specifically designated dangerous felonies, the law requires 85 percent of the sentence to be served before conditional release.
Is a DUI now a felony in Missouri?
Missouri refers to impaired operation as DWI rather than DUI. A first or second offense is generally classified as a misdemeanor, carrying penalties that include potential jail time, monetary sanctions, and license suspension. However, a third lifetime DWI is a Class E felony punishable by up to four years in prison. A fourth offense is a Class C felony, with up to seven years of incarceration. Any DWI that causes serious bodily harm or death can also be charged as a felony regardless of prior history, with prison terms ranging from four to fifteen years depending on severity.
Can you drive with epilepsy in Missouri?
Yes, but with conditions. Missouri does not impose a rigid statutory seizure-free period; instead, the Department of Revenue’s Medical Advisory Board reviews each case individually. In practice, the Board typically expects applicants to be seizure-free for at least six months before granting a conditional license, which is valid for one year. At renewal, the Bureau verifies continued seizure-free status through a physician’s report. A license may be revoked if the applicant refuses to submit medical documentation or if the physician recommends against licensure. Missouri is not a mandatory physician-reporting state, so the obligation to disclose rests with the individual.
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