Missouri drivers, take note: It is now illegal to operate a vehicle while holding a cell phone.
The “Siddens Bening Hands Free Law,” which prohibits a number of uses of electronic communication devices while driving, went into effect Tuesday.
Drivers can no longer physically hold or support, with any part of their body, an electronic communication device; write, send or read any text-based communication; or make a call without the use of the hands-free or voice-operated feature.
Previously, Missouri law only prohibited texting while driving for drivers under the age of 21.
Law enforcement agents who stop noncommercial drivers for this violation will be issuing warnings until Jan. 1, 2025. After that, officers can begin issuing tickets. Penalties for breaking the new law include up to a $150 fine for the first offense, up to a $250 fine for the second offense, and up to $500 fine for the third offense.
What’s prohibited by Missouri law?
- Physically holding or supporting a cell phone while driving
- Manually typing, writing, sending or reading text-base messages
- Recording, posting, sending or broadcasting video, including video calls and social media posts
- Watching videos or movies
Springfield attorneys weigh in on new law
“The intent of this law is to reduce distracted driving. However, enforcement will be challenging. For example, if you’re allowed to use your phone if pulled over by law enforcement, at what point did you pick up your phone,” said Joseph S. Passanise, Managing Partner at Wampler and Passanise. “Citizens must be aware that this law applies to drivers of all ages. Penalties are increased if an infraction causes property damage, injury or death.”
Taylon Sumners, an associate attorney with Wampler and Passanise, agrees the new law will be difficult to enforce. Sumners pointed out that a cell phone or device can’t be the only reason an officer pulls someone over.
Another issue that will make the law difficult to enforce, Sumners said, is that police officers would most likely need a warrant to obtain cell phone records in order to determine if, how and when the phone was being used.
“They would need to get a warrant (for cell phone records),” she said. “You don’t have to just give over your phone just because you’ve been stopped.”
To help people better understand what the new law means and its implications, the firm where Sumners works published a blog on Tuesday.
What’s still allowed on Missouri roads?
- Placing or receiving voice calls using voice-operated or hands-free functions
- Talking on the phone with hands-free functions
- Sending and receiving text-based communication through voice-to-text features
- Utilizing GPS navigation and music or podcast functions
