Missouri's hands-free law: fines, points and what's allowed

What does the law ban?

The Siddens Bening Hands Free Law, RSMo 304.822, says a driver may not:

• Physically hold or support a phone or other device with any part of the body
• Write, send or read a text, email or social media message
• Make a call, unless it's hands-free
• Type letters, numbers or symbols into a website or app
• Watch a video, other than navigation
• Record, post or broadcast video

What is allowed?

• Voice-operated and hands-free use
• Using a map for navigation
• Listening to audio
• Using the device while lawfully stopped or parked
• Reporting an emergency

Hands-free means you can start or end a function "with a single touch or single swipe."

What are the fines?

Conviction	Fine
First in 24 months	Up to $150
Second in 24 months	Up to $250
Third or more in 24 months	Up to $500
In a work zone with workers present, or a marked school zone	Up to $500

Citations began January 1, 2025. Before that, officers gave warnings.

Are there points?

No. The Department of Revenue's Form 899 lists texting while driving as "no longer point assessible" after August 28, 2023.

Can I be pulled over just for holding my phone?

No. The law says "no person shall be stopped, inspected, or detained solely for a violation of this section." An officer needs another reason for the stop.

Can the officer search my phone?

You can decline. An officer who stops you for this violation has to tell you that you have the right to decline a search of your device.

When does it become a crime?

The violation caused	Offense
Property damage over $5,000	Class D misdemeanor
Serious physical injury	Class B misdemeanor
Death	Class D felony

Do I need a course for this ticket?

No. There are no points to keep off. If you were also cited for speeding or another moving violation at the same stop, that's the ticket to ask the court about. Which tickets qualify.