Big Tickets for using phone while driving
Tue, 01/07/2025 - 12:07pm
admin
Hands-free law in full effect
By:
Nate Hudson, staff writer
The Missouri law that bans using phones and similar devices while driving is now in full effect, with fines up to $500. The Siddens Bening Hands-Free Law was originally passed in August 2023 and went into partial effect in January 2024, allowing law enforcement to warn drivers about the potential fines for doing so in the beginning of this year. While you can be ticketed for using a phone while driving, a law enforcement officer cannot pull you over if this is the only thing they saw that you've done wrong. Now, if you didn't use your turn signal before making a turn AND were using a phone, don't be surprised if you see red and blue lights in your mirrors.
What does it ban?
The law bans using phones or similar electronic devices while driving unless it is used by a voice-operated or hands-free feature or function. The law gives a non-exhaustive list of these items, such as cell phones, PDAs, pagers, computers, video game systems, and devices capable of transmitting, retrieving, or displaying a video, movie, broadcast TV image, or any substantially similar device. Drivers cannot physically hold or support these devices with any part of their body. The law also bans recording, posting, sending, or broadcasting videos on an electronic device while driving, excluding continually monitoring devices that record or broadcast the inside or outside of the vehicle, such as dash cams. The law does make exclusions for radios, commercial two-way radios, subscription-based emergency communication devices, prescribed medical devices, GPS devices, and remote diagnostic systems permanently affixed to the vehicle.
What is the penalty?
Those convicted under this law with no prior convictions within twenty-four months, or two years, preceding can receive a $150 fine and two points off your license, a $250 fine and three points for the second conviction, and a $500 fine and four points for two or more prior convictions. For those convicted for breaking this law in school zones or work zones can see a fine of up to $500 and two additional points removed. Those that cause property damage in excess of $5,000 have the charge raised to a class D misdemeanor. The charges raise to a class B misdemeanor if someone was seriously injured and are further raised to a class D felony if the cause the death of another person.
What are the exceptions?
There are exceptions for certain drivers who use similar devices for their work or in an emergency. These include law enforcement officers, those reporting an emergency and those in continuing communication emergency personnel during an emergency, and noncommercial operators using voice-operated or hands-free features and functions. It has two exceptions for commercial operators. The first for those using voice-operated or hands-free features or functions as long as they remain seated and restrained by a seat belt. The second for commercial motor vehicle operators reading a message displayed on a permanently installed device with a screen under 10”x10”.