Updated by Attorney Paul Beck September 10th, 2025
Under Missouri’s hands-free law, no driver is permitted to hold or physically support a cell phone while behind the wheel. The law technically took effect in August 2023, and enforcement was initially limited to warnings until January 1, 2025, when police gained authority to issue citations and collect fines.
Before this statewide change, only drivers younger than 21 were prohibited from texting while driving, but now the law extends to every driver in Missouri, regardless of age, making the restrictions uniform across the state.
What Counts as Distracted Driving Under Missouri Law
Distracted driving means doing anything that pulls your attention away from the road, and under Missouri’s hands-free law most phone use while driving is banned. This includes:
- Holding or supporting your phone: whether you grip it with your hands, rest it on your lap, or wedge it between your shoulder and ear, you cannot keep it in place while driving
- Texting or messaging: writing, reading, or sending texts, emails, or social media posts is not allowed while behind the wheel
- Video activities: you may not watch or record videos, and video calls are also off-limits while driving
- Manual typing: entering phone numbers, addresses, or any other information by typing is not permitted under the law
- Gaming: using your phone for games or interactive apps while driving is prohibited
These limits apply anytime you are driving on a public road in Missouri, no matter the distance or speed.
What Phone Use Is Still Allowed
Even with these restrictions, you can still use your phone in specific ways as long as you do not hold it in your hand. Acceptable uses include:
- Voice commands: you can make calls or send texts if it is done through voice activation
- Single touch: you are allowed to answer or end a call with one quick touch or swipe
- Mounted navigation: using GPS is permitted as long as the phone is mounted properly in your vehicle
- Hands-free calling: you may talk through Bluetooth, speakerphone, or your car’s built-in system
To comply with the law, your phone use must remain entirely hands-free while you drive.
What the Law Permits
While the Siddens-Benning Hands-Free Law restricts handheld device use, it allows drivers to interact with their phones in specific ways. Hands-free or voice-operated features, such as Bluetooth or built-in car systems, are permitted if they can be activated or disengaged with a single touch or swipe. Drivers may:
- Place or receive voice calls using hands-free systems.
- Send or receive text messages using voice-to-text features.
- Use GPS navigation systems.
- Listen to music or podcasts through their phones.
Exceptions to Missouri’s Law for Texting and Driving
Missouri’s hands-free law does allow a few exceptions, but they are limited and meant for specific situations, mostly involving emergencies or certain jobs.
Emergency Reporting and Lawfully Parked
You are allowed to use your phone in the following circumstances:
- Emergency calls: When reporting a crime, a crash, or when you need immediate help through 911
- Lawfully parked: When your car is fully out of traffic and parked legally, which is different from simply being at a stop sign or a red light since distracted use in those spots often leads to rear-end collisions
Being stopped at a red light or stop sign doesn’t count as being parked. You must be completely out of the flow of traffic, as distracted phone use at traffic signals commonly causes rear-end accident collisions.
First Responders and Commercial Drivers
Some professionals are also given leeway to use communication devices as part of their work:
- Police officers: May use devices while carrying out official duties
- Firefighters and EMS: Can use phones when responding to emergencies
- Commercial truck drivers: May use mounted dispatch systems for work purposes, since improper use can create dangerous 18-wheeler accidents
- Public utility workers: Allowed to use devices when addressing emergency situations
These exceptions only apply when the devices are being used strictly for job-related reasons.
Rideshare and Mounted Devices
Drivers working for services such as Uber, Lyft, or taxis can use their phones, but only when the device is properly mounted in the vehicle rather than being held by hand or rested in the lap.
Transit drivers and delivery drivers follow a similar rule, as they may use mounted devices for work communications only.
When Do Tickets Start and What Are the Penalties
Police began issuing tickets for Missouri’s hands-free law on January 1, 2025, and before that date drivers only received warnings so they had a chance to adjust to the new rules without facing immediate fines.
Is This a Primary or Secondary Offense
A primary offense means an officer can stop you based only on that violation, and Missouri’s hands-free law is treated as a primary offense for every driver.
This marks a change from the older texting law, which counted as a secondary offense for most people and required police to find another reason to pull you over before they could add a texting citation.
How Much Are Missouri Hands-Free Law Fines
The penalties increase each time a driver is cited for breaking the hands-free law within a two-year period, which means the cost goes up the more often you are caught.
| Violation | Fine Amount |
| First offense | Up to $150 |
| Second offense (within 2 years) | Up to $250 |
| Third or more offenses (within 2 years) | Up to $500 |
| Any offense in school or work zones | Up to $500 |
Commercial drivers can face extra consequences that may put their commercial license at risk.
What Are the Penalties After a Crash
- Property damage over $5,000: This counts as a Class D misdemeanor, and it becomes part of your record.
- Physical injury to someone: It is treated as a Class B misdemeanor, and penalties may include up to six months in jail along with fines that can reach $1,000.
- Fatal crash: When a death occurs, the charge rises to a Class D felony, which can mean prison time of up to seven years. In these situations families may consider filing a wrongful death claim so they can pursue justice beyond the criminal case.
These penalties are criminal in nature, and they remain on a permanent record once imposed. distracted driver’s negligence can result in catastrophic injuries or fatalities for anyone on the road.
How Distracted Driving Laws Affect Your Injury Claim
When another driver breaks Missouri’s phone law and ends up causing a crash, that violation can make your injury claim stronger because it shows they were not paying proper attention to the road.
Proving the Other Driver Was Distracted
To build a case, our experienced Missouri distracted driver accident attorneys know how to piece together proof that the driver was on their phone when the collision happened. Our skilled legal team does this by looking at several sources of evidence:
- Phone records: These can confirm calls, texts, or data use that happened right at the time of the accident
- Vehicle data: Many vehicles record details about speed, braking, or sudden movements moments before impact
- Video footage: We review dash cams and nearby security cameras that may have captured the driver using a phone
- Witness statements: People who saw the driver distracted can give important testimony
- Police reports: A citation for violating Missouri’s hands-free law becomes part of the official record
Because memories fade and digital records can be lost, we move quickly to secure this information right after the crash.
Does a Violation Equal Negligence
Breaking the hands-free law is treated as “negligence per se,” meaning the violation itself shows the driver was acting carelessly. Still, you must also connect the phone use directly to the cause of the accident and your injuries. The law violation makes that process easier, yet it does not automatically prove the entire claim.
What to Do After a Distracted Driving Crash
If you’re hit by a distracted driver, there are a few steps worth taking right away so your health and your claim are both protected:
- Call 911 and let the officer know if you believe the other driver was on their phone, since that detail matters in the report
- Take photos of the scene, including the vehicles, damage, and even where the other driver’s phone ended up if you can spot it
- Ask witnesses for names and contact details, especially if they saw the driver looking at or using their phone
- Get checked by a doctor, even when you feel fine, because injuries often show up hours or days later
- Reach out to our legal team at Beck & Beck Missouri Car Accident Lawyers before giving statements to an insurance company, since they’ll be looking to limit what you can recover
Once those first steps are covered, we take on the investigation so you can put your energy into getting better.
Quick Safety Tips to Stay Compliant
Missouri’s hands-free law can feel strict, but following it is mostly about building simple habits that make driving safer:
- Before heading out, set your GPS, pick your playlist, and finish any calls so you don’t have to handle your phone on the road
- Keep the phone tucked away in the glove box, a bag, or even the back seat—somewhere you won’t be tempted to grab it
- Turn on the “Do Not Disturb While Driving” feature so you’re not distracted by pings and notifications
- If you really need to use your phone, pull over and park fully before picking it up
- Let friends, coworkers, or family know you won’t answer while driving, which helps take the pressure off
These small adjustments not only keep you within the law but also lower the chances of a crash.
MoDOT Resources and Statistics
The Missouri Department of Transportation runs the “Phone Down. It’s the Law” campaign to remind drivers why these rules exist. They also share helpful tools and information for anyone looking to stay compliant and understand how distracted driving affects safety.
Injured by a Distracted Driver? Get Legal Help From Our Missouri Distracted Driver Accident Lawyers Today
If someone who was illegally using their phone caused your crash, we can step in to help. At Beck & Beck Missouri Car Accident Lawyers, our practice focuses solely on motor vehicle accident cases, and no other area of law. That focus sets us apart, since we’re the only firm in Missouri with this exclusive dedication.
We’ve represented clients across the state since 1990, working to recover the compensation they need while guiding them through a stressful process.
We’ve helped victims of distracted driver accidents in cities such as St. Louis, Florissant, Jefferson City, Independence, O’Fallon, Springfield, Kansas City, Joplin, and more.
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