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Mississippi Texting and Driving Law: What Is Banned and the Fine

informational·how to guide·

Where the Mississippi texting rules come from

As of 2026, the ban is in Mississippi Code section 63-33-1, as changed by Laws of 2018, H.B. 900. The ban started with Laws of 2015, H.B. 389. The Mississippi Driver's Manual explains the rule for new drivers, and the DPS Driver Service Bureau hardship license page sets the stricter phone rule for hardship licensees. Confirm the rules with the Mississippi Department of Public Safety Driver Service Bureau (driverservicebureau.dps.ms.gov) before you drive.

What the Mississippi law bans

While you drive a moving motor vehicle, you may not use a hand-held mobile phone to write, send or read a text message, or to access, read or post to a social networking site.

The law defines the key words:

- Text message: a text-based message, instant message, electronic message or email.
- Writing, sending, reading: the manual entry (typing), sending or retrieval of a message to communicate with a person or device.
- Social networking site: a web-based service where people build a profile, list their connections and talk with other users.
- Motor vehicle: a vehicle with mechanical power that is built mainly for public highways.

What the Mississippi texting ban covers and what it does not

What the Mississippi texting ban covers and what it does not
ItemUnder the Mississippi law
A phone or other portable device that you use with at least one hand to make a call or to write, send or read a textA hand-held mobile telephone. The texting and social media ban applies.
A voice-operated or hands-free deviceNot a hand-held mobile telephone, so the ban does not apply. It lets you write, send or read a message without either hand, except to turn a feature on or off or start it.
An emergency, traffic or weather alertNot a text message.
A message related to the operation or navigation of the vehicleNot a text message.

What is the fine for texting and driving in Mississippi?

A violation is a civil violation, not a criminal one. The civil penalty is $100 for a violation on or after July 1, 2016. Before that date, the penalty was $25. The law also says that no state assessments are imposed or collected for a violation, so nothing from the state is added to the $100.

The Department of Public Safety must keep a record of each citation, with the driver's age and race, any other traffic violation, and any crash or damage.

Can you hold your phone to make a call in Mississippi?

The texting law bans texting and social media on a hand-held phone. Its ban does not name phone calls. The Mississippi Driver's Manual goes further: it says not to use cell phones for calls or texting while driving, and it recommends a hands-free device if you must make a call. The law sets what is illegal, and the manual gives the safer habit.

Set your route and your music before you start the car, and let a passenger handle the phone when you can.

Which rule applies to you?

You hold a hardship license
You may not use a cell phone in any manner while you drive, even hands-free. This DPS rule is stricter than the law for all drivers. The hardship license is a DPS program. A parent or guardian of a Mississippi resident 15 to 17 who has held a learner's permit for 30 days without a traffic infraction can request it. Our guide to the reasons for a teen hardship license explains the program.
You use a voice-operated or hands-free device
The law does not count it as a hand-held mobile telephone, so the texting ban does not apply to that use.
You hold a phone to write, send or read a text or email, or to use social media, while the vehicle moves
You break the Mississippi law. The penalty is a $100 civil fine.

When the Mississippi texting ban started

The ban for all drivers started with Laws of 2015, H.B. 389, which took effect on July 1, 2015. That act also repealed Section 63-1-73, an older texting law for drivers with certain licenses, and it said that the new ban would end on July 1, 2018.

Laws of 2018, H.B. 900 deleted the end date of the ban, so the ban stays in force. The governor approved the act on March 16, 2018, and it took effect on July 1, 2018.

Phone distraction and the Mississippi practice test

A distraction is anything that takes your attention away from driving, and distracted driving can cause crashes with injury, death or property damage. The Mississippi Driver's Manual says that drivers distracted by cellphones cause thousands of accidents each year.

To check what you know about the phone rule, try a practice question on hand-held phone use. Our practice tests and question pages are free and in English only.

Key takeaways

  • In Mississippi, a driver of a moving vehicle may not use a hand-held phone to write, send or read a text message or email, or to use social media.
  • Emergency, traffic and weather alerts, and messages about operating or navigating the vehicle, are not text messages under the law.
  • Voice-operated and hands-free devices are outside the ban. The manual advises against phone calls while driving and recommends hands-free if you must call.
  • The penalty is a $100 civil fine. A hardship licensee may not use a phone at all while driving, even hands-free.
  • Next step: practice on the free Mississippi Class R practice test.

Mississippi texting and driving: common questions

Is hands-free texting legal in Mississippi?

Yes, for most drivers. The law says a voice-operated or hands-free device is not a hand-held mobile telephone. Such a device lets you write, send or read a message without either hand, except to turn a feature on or off or start it. A hardship licensee may not use a phone in any manner, even hands-free.

Can I use GPS or read a weather alert while I drive in Mississippi?

The law does not count an emergency, traffic or weather alert as a text message. It also does not count a message about the operation or navigation of the vehicle. Enter your destination before you start to drive, so that your hands and eyes stay on the road.

Is texting while driving a crime in Mississippi?

No. Under Section 63-33-1, texting while driving is a civil violation, not a criminal one. The civil penalty is $100 for a violation on or after July 1, 2016, and the law says that no state assessments are imposed or collected.

Can I check email or social media while driving in Mississippi?

Not on a hand-held phone while the vehicle moves. Email counts as a text message under the law, so you may not read or send it. The law also bans accessing, reading or posting to a social networking site: a web-based service where users build a profile and connect with other users.

Can I wear headphones while driving in Mississippi?

The Mississippi Driver's Manual says never to wear stereo headphones while you drive, and never to play your car stereo or radio loudly. The reason is that you may not hear warning signals such as whistles and sirens.

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