Your Phone Behind The Wheel
Mo. Rev. Stat. § 304.822 — the Siddens Bening Hands Free Law: no holding the phone at all
Not in the hand. While operating a vehicle on a Missouri highway or on property open to public traffic, a driver may not physically hold or support a phone or other electronic communication device with any part of the body, read or send texts, emails or social media, make calls except hands free, enter letters or numbers in an app, watch video other than navigation, or record or broadcast video.
It does not apply to a driver using the device only through a voice operated or hands free feature, using it while lawfully stopped or parked, reporting an emergency, or using it for navigation or to listen to audio.
| Violation | Fine up to |
|---|---|
| ViolationNo prior conviction in the last twenty four months | Fine up to$150 |
| ViolationOne prior in that time | Fine up to$250 |
| ViolationTwo or more priors, or in a work zone with workers present or a marked school zone | Fine up to$500 |
Nobody may be stopped, inspected or detained solely for this, and it may not be used as probable cause for anything else. An officer who stops a driver for it has to say the driver may decline a search of the device. Causing serious injury makes it a class B misdemeanor, and causing a death a class D felony.
Sources for this section (1)
- Mo. Rev. Stat. § 304.822 — Electronic communication device, use of while driving prohibited, when
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.