Under Mississippi cell phone laws, you cannot text, email, instant message, or use social media on a handheld phone while driving, and a violation carries a flat $100 civil fine. Handheld voice calls, though, are still legal for most adult drivers. Mississippi is one of a shrinking number of states that still lets you hold a phone to your ear during a call.1Justia. Mississippi Code 63-33-1 – Writing, Sending or Reading Text Message or Reading or Posting to Social Networking Site Using Hand-Held Mobile Telephone While Operating Vehicle Prohibited; Penalties
What’s Banned
Miss. Code Ann. § 63-33-1 targets two things on a handheld phone while your vehicle is moving: messaging and social media. The statute’s definition of “text message” is broad. It covers standard texts, instant messages, emails, and any other electronic message. Manually typing, sending, or reading any of them while driving is prohibited.1Justia. Mississippi Code 63-33-1 – Writing, Sending or Reading Text Message or Reading or Posting to Social Networking Site Using Hand-Held Mobile Telephone While Operating Vehicle Prohibited; Penalties
The social media piece gets left out of a lot of summaries, but the statute is explicit: you cannot access, read, or post to a social networking site on a handheld phone while driving.1Justia. Mississippi Code 63-33-1 – Writing, Sending or Reading Text Message or Reading or Posting to Social Networking Site Using Hand-Held Mobile Telephone While Operating Vehicle Prohibited; Penalties Scrolling Facebook while stopped in traffic still counts, because the law applies whenever you are operating the vehicle, and a temporary stop at a light or in a backup qualifies.
A “hand-held mobile telephone” under the statute is any portable phone or electronic communication device you operate with at least one hand. If you are holding it, you are using a handheld device for purposes of this law.1Justia. Mississippi Code 63-33-1 – Writing, Sending or Reading Text Message or Reading or Posting to Social Networking Site Using Hand-Held Mobile Telephone While Operating Vehicle Prohibited; Penalties
What’s Still Legal
The statute only reaches texting and social media. For adult drivers with a standard license, making or receiving a voice call while holding your phone to your ear remains legal. Voice-operated and hands-free devices are expressly excluded from the definition of a handheld mobile telephone, so Bluetooth, speakerphone, and voice-assistant systems are also fine.1Justia. Mississippi Code 63-33-1 – Writing, Sending or Reading Text Message or Reading or Posting to Social Networking Site Using Hand-Held Mobile Telephone While Operating Vehicle Prohibited; Penalties
A GPS app is legal as long as you aren’t typing a destination while driving. Messages related to the operation or navigation of the vehicle are excluded from the definition of a text message, as are emergency, traffic, and weather alerts.1Justia. Mississippi Code 63-33-1 – Writing, Sending or Reading Text Message or Reading or Posting to Social Networking Site Using Hand-Held Mobile Telephone While Operating Vehicle Prohibited; Penalties The restriction also only applies while the vehicle is in motion, so once you have pulled over and parked, you can use your phone freely.
Rules for Young Drivers
Mississippi used to impose stricter phone restrictions on drivers holding learner’s permits and intermediate licenses under Miss. Code Ann. § 63-1-73, with fines running up to $500 for a first offense and $1,000 if a violation occurred during a crash. That statute has been repealed.2Justia. Mississippi Code 63-1-73 (2024) – Repealed Novice drivers now operate under the same § 63-33-1 rules as everyone else: no handheld texting or social media, but handheld voice calls are permitted.
School Bus Drivers
School bus drivers face a much broader prohibition. Under what is commonly called Nathan’s Law, Mississippi bars school bus drivers from using cell phones, wireless communication devices, vehicle navigation systems, and personal digital assistants while operating a bus, with an exception only for emergencies.3Mississippi Department of Education. School Bus Safety Unlike other drivers, a bus driver cannot make a voice call of any kind while the bus is moving.
Commercial Drivers
If you hold a CDL and are operating a commercial motor vehicle, federal law adds a layer on top of the state rule. Under 49 CFR § 392.82, you cannot use a handheld phone at all while driving a commercial vehicle. Voice calls are included, not just texts, and the regulation also bars motor carriers from requiring or allowing their drivers to do so.4eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
“Driving” under the federal rule includes being temporarily stopped in traffic or at a light. To use a handheld phone, you have to pull to the side of the road or off the highway. The only built-in exception is calls to law enforcement or emergency services. Multiple handheld phone violations within a three-year period can disqualify your CDL for 60 days or longer.4eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
What a Citation Costs You
A violation of § 63-33-1 is a civil violation rather than a criminal offense. The penalty is a flat $100 fine, with no state assessments added on top.1Justia. Mississippi Code 63-33-1 – Writing, Sending or Reading Text Message or Reading or Posting to Social Networking Site Using Hand-Held Mobile Telephone While Operating Vehicle Prohibited; Penalties Mississippi does not use a point system for driver’s licenses, so a texting ticket will not add points to your record.
The bigger hit is usually insurance. Industry analyses estimate that a texting ticket can raise premiums by roughly 23 to 30 percent on average, though the actual impact depends on your insurer, your driving history, and how your state regulates rate-setting. Over a year, that can easily add several hundred dollars, dwarfing the original fine.
If You Cause an Accident
The fine becomes almost beside the point if you crash while texting. Officers in Mississippi are required to note on the accident report whether the driver was using a cell phone at the time of the wreck.1Justia. Mississippi Code 63-33-1 – Writing, Sending or Reading Text Message or Reading or Posting to Social Networking Site Using Hand-Held Mobile Telephone While Operating Vehicle Prohibited; Penalties That notation becomes part of the public record and can be used against you in any injury claim that follows.
Violating a safety statute while causing an injury can establish what courts call negligence per se, a legal shortcut that lets the injured person skip the usual step of proving you were careless. The statutory violation itself becomes the proof of fault. If someone was seriously hurt, the exposure can run far beyond anything a $100 ticket would suggest.