Beginning on Jan. 1, drivers pulled over for distracted driving can be issued a $150 ticket for the first violation, a $250 ticket for a second violation and for the third, up to $500 if it is within two years of a previous infraction. If the violation occurs in a work or school zone, the fine is automatically $500.
Jon Nelson, Highway Safety and Traffic Engineer for Missouri’s Department of Transportation, said there is a good reason penalties are stiff. "This is putting people at risk, much like drunk driving or impaired driving.”
The so-called Siddens Bening Hands-Free Law was originally passed in Aug. 2023. It said drivers stopped for using an electronic device while driving would not get a ticket, just a warning.
The bill was written so that as of Jan. 1, 2025, the Hands-Free law would get tougher — officers would have the authority to dole out the hefty fines.
The law is named after Randall Siddens of Columbia, Missouri, who died because of a distracted driver in 2019, and Michael Bening of Raymore, Missouri, killed in a fatal crash by a distracted driver in 2021. Both had wives and children.
The goal of the original law was to limit the number of accidents and fatalities caused by reckless drivers. It includes a ban on the use of tablets, laptops and other portable electronics while driving. Drivers are permitted to use radios, ham radios, voice-operated systems and navigation tools such as GPS.
“Missouri saw at least 106 people killed from distracted driving in 2023,” said Nelson.
Nelson admits it's hard to identify how many wrecks are due to distracted driving since officers must get an admission from the driver or an eyewitness. He believes the number of deaths from distracted drivers is likely higher than 106.
Jackson County, Missouri, leads the state in traffic fatalities. From 2019 to 2024, the county witnessed approximately 697 traffic deaths. St. Louis County had the second highest number with 585 fatalities in the same time period.
While he hopes stricter enforcement standards will result in even fewer deaths, Nelson said people have responded to warnings required by the 2023 law. He said the state has seen a 5% reduction in deaths by distracted drivers over the last two years.
Missouri's Hands-Free Law is a secondary violation. That means an officer needs to identify a driver violating other traffic laws while holding a device. Corporal Justin Ewing of the Missouri Highway Patrol said drivers are usually pulled over for lane violations, driving over and under the speed limit and missing or ignoring traffic signs.
“All these amount to someone putting something other than driving as their first priority," Ewing said.
He said the Missouri Highway Patrol has issued over a thousand warnings for distracted driving, including to motorcyclists. While there is not reliable data, he said officers frequently report seeing motorcyclists texting while driving.
There are exceptions to the law. They include when a driver has to make an emergency call or consult GPS applications. Ewing said drivers should use a phone mount and prefers they put phones on do not disturb while driving.
