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Enforcement of hands-free driving law begins Jan. 1

A photo of a white man with blonde hair talking on a cell phone while driving. The image is taken from behind, the back of the drivers head and hand holding a cell phone to his ear are visible.
Photo by Alexandre Boucher on Unsplash

Drivers in Missouri can be cited and fined for distracted driving starting Wednesday, Jan. 1.

The Missouri hands free law prohibits handheld cellphone use while driving. This includes holding, typing and scrolling. Other prohibited use includes making video calls or using FaceTime, manually dialing a phone number, texting, browsing the internet, watching videos, taking photos or videos and playing games.

The law took effect a year ago and was signed in August 2023. It included a 16-month grace period that concludes at the end of December.

The goal of the law is to reduce roadway deaths in Missouri. According to the Missouri State Highway Patrol, in 2023 in Missouri 4,291 people were injured and 116 were killed in crashes involving distracted drivers.

Cambridge Mobile Telematics' said its analysis suggests the law has prevented more than 1,000 crashes since it took effect Aug. 28, 2023.

The analysis said that in the year since the law took effect, a decrease in distracted driving has helped avoid 660 injuries, five fatalities and $22 million in damages.

MSHP spokesperson Sgt. Kyle Green said there has to be another reason for law enforcement to pull over apparent distracted drivers — not just the use of a cellphone.

"It's a secondary offense, so when we stop somebody and we were to talk to them about this, being on their phone, there has to be another reason why they are being stopped," Green said. "It can be for speeding, it could be for following too closely, any number of reasons."

Green said law enforcement cannot pull someone over even if they see the driver using a phone. However, if law enforcement has another reason to pull someone over, they can address the use of a cellphone once stopped and decide whether to issue a citation.

"We can't stop them for being on the phone, but we can stop them weaving in and out of their lane of traffic, or for speeding, and then address the phone factor after that," he said.

Penalties depend on the severity of the infraction. For a first conviction, the fine can reach $150. For a second conviction, the fine can reach $250. Three or more conviction can result in up to a $500 fine.

If the violation causes a serious injury crash, a driver can receive up to a $1,000 fine and up to six months in jail. If the violation leads to a fatal crash, the driver can face up to seven years in prison.

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