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In August of 2023, Missourians across the state voted in favor of passing the “Siddens Bening Hands Free Law,” codified in Revised Statute of Missouri Section 304.822. The statute states that no operator of a motor vehicle shall (1) “physically hold or support, with any part of his or her body, and electronic communication devices,” including cell phones (among other handheld devices), (2) write, send, or read any text-based communication, including text messages, emails, and social media interaction, (3) “make any communication on an electronic communication device,” including phone calls, (4) engage in “any form of electronic data retrieval . . . or communication,” (5) manually enter “letters, numbers, or symbols,” into any website, search engine, or an app, (6) watch a video or movie, or (7) record or broadcast video.

While the statute is very broad covering nearly all electronic devices that people use daily, including computers, tablets, and devices capable of broadcasting television imagery, it does not include radios, commercial two-way radio communication devices, emergency communication devices, “prescribed” medical devices, and GPS systems. Obviously, this law is targeted at the use of cell phones, as more and more Missourians are using their cell phones while driving. However, this law makes sure to include exceptions for law enforcement officers, using an electronic communication device for emergency purposes, using an electronic communication device through a “voice-operated or hands-free” feature, using an electronic communication device while a vehicle is “lawfully” stopped or parked, viewing a map for navigational purposes or to listen to an audio broadcast.

While this law has been in effect since the beginning of 2024, law enforcement officials can now issue citations for such a violation, as opposed to a simple warning. According to subsection 6 of the statute, a violation of this law “shall be an infraction.” First-time offenders receive a $150.00 fine, second-time offenders receive a $250.00 fine, and third-time offenders receive a $500.00 fine. An offender, whether a first-timer or not, will automatically receive a $500.00 fine if the violation occurs in a work zone when workers are present or in a school zone. The violation then changes to a class D misdemeanor if it proximately causes damage to property in excess of $5,000, a class B misdemeanor if it proximately causes “serious physical injury” to another person, and a class D felony if it causes the death of another person. There is also a penalty for commercial motor vehicle operators who violate this law, which results in disqualification of their commercial driver’s license.

Importantly, subsection 7 of this law requires a law enforcement officer who stops a noncommercial motor vehicle for violating this law must inform the operator of their right to decline a search of their electronic communication device. A warrant cannot be issued to confiscate the device based upon a violation of this law unless the violation results in serious bodily injury or death. Accordingly, when a motorist is stopped for a violation of this law, they should remember not to allow an officer to search their device if requested.

The law is named after Randall Siddens of Columbia, Missouri, who died at the hands of a distracted driver in 2019, and after Michael Bening of Raymore, Missouri, also killed by a distracted driver in 2021. Distracted driving has caused more and more injuries and deaths across Missouri. We are sure that plenty of Missouri drivers have recognized people driving who are on their phones or have even been distracted by using their own phones while operating their vehicles. Missourians recognized the dangers that being on your phone has brought and have acted accordingly by voting in favor of the Siddens Bening Hands Free Law. Hopefully, Missouri drivers follow the new rule of the road: don’t hold your phone while operating your vehicle.

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