Is It Illegal to Text and Drive in Missouri? Fines and Rules

Yes, it is illegal to text and drive in Missouri. Since January 1, 2025, the Siddens Bening Hands-Free Law has prohibited drivers from holding or manually using a phone or similar device on any public road in the state. Texting is only part of what the law covers, and fines start at $150 for a first offense.¹

What Counts as Illegal Phone Use

Section 304.822 of the Missouri Revised Statutes goes well beyond typing a text. While you’re driving, you cannot:

Physically hold or support a phone, tablet, or similar device with any part of your body.
Type, send, or read texts, emails, instant messages, or social media content by hand.
Dial, answer, or talk on a phone unless you’re using a voice-operated or hands-free feature.
Manually enter letters, numbers, or other data into a device.
Watch video (other than navigation) or record and broadcast video.

The rule applies to cell phones, tablets, laptops, gaming devices, and essentially any portable electronic device used for communication or data. Devices built into the vehicle, CB and ham radios, prescribed medical devices, and permanently mounted GPS receivers are excluded from the definition, so using them doesn’t violate the law.¹

What You Can Still Do

The law carves out meaningful exceptions. The central one is hands-free use. Bluetooth calls, voice-to-text dictation, and single-touch or single-swipe activation of a hands-free mode are all legal, as long as neither hand is occupied holding the device.¹

Beyond that, the statute also allows:

Using navigation or GPS on your phone, though the device needs to be mounted rather than held, since holding it violates the law regardless of what you’re doing with it.
Playing music, podcasts, or other audio broadcasts and digital recordings.
Using your phone to report an emergency and to keep communicating with emergency personnel during that situation.
Rideshare and for-hire drivers receiving dispatch information through a mounted device.

Law enforcement officers and emergency vehicle operators acting in the course of their duties are also exempt.²

One more exception matters in daily driving: the law does not apply when your vehicle is “lawfully stopped or parked.” Sitting at a red light, waiting at a stop sign, or pulled over on the shoulder, you can pick up your phone. The moment the vehicle starts moving again, the prohibition is back in effect.²

Can Police Pull You Over Just for Texting?

No. The hands-free law is a secondary enforcement offense. The statute states plainly that no driver can be stopped, inspected, or detained solely for a hands-free violation.²

An officer who sees you holding your phone cannot pull you over for that reason alone. There has to be another violation first, like speeding, running a stop sign, or drifting out of your lane. Once you’ve been lawfully stopped for that other reason, the officer can add a hands-free citation on top.

Fines and When It Becomes a Crime

Penalties for a straight hands-free violation step up within a rolling two-year window:

First offense: up to $150.
Second offense within 24 months: up to $250.
Third or subsequent offense within 24 months: up to $500.

A violation in a school zone or in a work zone where workers are present carries an automatic fine of up to $500, no matter whether it’s your first offense.²

The consequences get much more serious if the distraction causes a crash. A violation that results in property damage over $5,000 is a class D misdemeanor. If someone suffers a serious physical injury, the charge rises to a class B misdemeanor, which carries up to six months in jail and fines up to $1,000. If the violation causes someone’s death, you face a class D felony, punishable by up to seven years in prison.²

Commercial Drivers Face Stricter Federal Rules

If you hold a commercial driver’s license, federal rules from the Federal Motor Carrier Safety Administration apply on top of Missouri law. The FMCSA prohibits CMV drivers from using handheld phones, and “use” includes holding a phone to make a call, pressing more than a single button to dial, or reaching for a phone in a way that takes you out of a proper seated and belted driving position.³

The federal fines are much higher. A CMV driver caught using a handheld device can be fined up to $2,750, and an employer who requires or allows the behavior can be fined up to $11,000. Multiple violations can lead to CDL disqualification.³ Missouri’s statute also specifically bars school bus drivers from using electronic devices while the bus is in motion or during passenger loading and unloading.¹

How to Stay on the Right Side of the Law

Put the phone somewhere you won’t be tempted to grab it, and let hands-free features do the rest. A dashboard or vent mount keeps the phone accessible for navigation and voice calls without putting you in violation. If you need to type a response, read an email, or scroll through anything, wait until you’re lawfully parked or stopped.

And remember that the law reaches past phones. A tablet propped on your steering wheel, a laptop you’re glancing at on the passenger seat, or a handheld gaming device all fall under the same prohibition. If it’s a portable electronic device and you’re holding it while driving, you’re breaking Missouri law.

1
Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Device, Use of While Driving Prohibited
2
Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 304.822
3
Federal Motor Carrier Safety Administration. Mobile Phone Restrictions Fact Sheet