Understanding Missouri’s distracted driving laws is essential if you reside, commute, or vacation in The Show-Me State. Here’s what you need to know.
Missouri’s New Distracted Driving Law
Beginning August 28, 2023, Missouri implemented a new distracted driving law—the Siddens-Bening Hands-Free Law—to combat distracted driving and enhance road safety. Previously, state law only banned texting while driving among drivers 21 and younger, but the new legislation is more comprehensive. Now, drivers of all ages can face penalties for simply holding a phone while driving. Below, we’ll discuss the key points of the new law.
Prohibited Actions
While operating a vehicle, Missouri drivers are prohibited from:
- Holding or supporting an electronic communication device with any part of their body
- Writing, sending, or reading text-based messages, emails, or social media interactions
- Making phone calls or voice communications unless using a hands-free feature
- Engaging in electronic data retrieval or communication
- Manually entering data into websites or applications
- Watching videos or movies, except for navigational data
- Recording, posting, or broadcasting videos, including video conferences
Exemptions
The law provides exemptions for:
- Law enforcement officers and emergency vehicle operators performing their official duties
- Operators reporting emergencies or communicating with emergency personnel
- Hands-free use by noncommercial vehicle operators
- Use of electronic devices while vehicles are lawfully stopped or parked
- Communication between transit operators and dispatchers with mounted devices
- Accessing maps for navigation or listening to audio broadcasts
Enforcement
Until January 1, 2025, law enforcement will issue warnings instead of citations for violations of the new distracted driving law. The law is subject to secondary enforcement, meaning police can only issue citations if they stop drivers for other violations. Drivers have the right to decline searches of their electronic devices unless police issue warrants due to serious injuries or deaths resulting from violations.
Penalties for Violations
Starting January 1, 2025, penalties for violations will include:
- A fine of up to $150 for a first-time offense
- Up to $250 for a second offense within 24 months
- Up to $500 for subsequent offenses within 24 months
- Up to $500 for violations in work or school zones
More severe penalties apply if the violation causes property damage, serious injury, or death.
Avoiding and Preventing Distracted Driving in Missouri
With the recent implementation of Missouri’s Siddens-Bening Hands-Free Law, it’s more important than ever for drivers to be aware of their responsibilities and the potential penalties for distracted driving. Here are some practical tips to help you avoid distracted driving violations:
- Use Hands-Free Technology: Invest in hands-free devices like Bluetooth headsets or car systems that allow you to make and receive calls without using your hands.
- Plan Ahead: Set up your GPS and choose your music or podcast before you start driving.
- Store Your Phone Away: Keep your phone in the glove compartment, a bag, or the back seat to avoid the temptation to use it while driving.
- Use Do Not Disturb Mode: Activate the Do Not Disturb feature on your phone to block incoming calls and messages while driving.
- Pull Over Safely: If you need to make a call, send a text, or perform any task that requires your phone, find a safe place to pull over and park before doing so.
Contact a Missouri Accident Lawyer Now
If you get hurt in a Missouri distracted driving accident, contact The Hayden Law Firm St. Louis Accident & Injury Lawyers for an initial consultation. We’ll review your case, answer your questions, and explain how our experienced team can demand the recovery you deserve.
