Mo. Rev. Stat. » Chapter 304
Missouri Revised Statutes

Mo. Rev. Stat. § 304.012 (2026)

Motorists to exercise highest degree of care

✓ current as of May 2026
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  304.012.  Motorists to exercise highest degree of care — violation, penalty. — 1.  Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.

  2.  No person operating a motor vehicle on the roads and highways of this state shall perform stunt driving, as such term is defined in section 304.145.

  3.  Any person who violates the provisions of this section is guilty of a class B misdemeanor, unless an accident is involved then it shall be a class A misdemeanor.

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(L. 1996 H.B. 1047, A.L. 2025 H.B. 495)

Severability clause, see § 1.1001

Notes of Decisions
Cited in 55 cases (6 in the last 5 years), 1964–2025 · leading case: Stonger Ex Rel. Stonger v. Riggs, 85 S.W.3d 703 (Mo. Ct. App. 2002).
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Stonger Ex Rel. Stonger v. Riggs, 85 S.W.3d 703 (Mo. Ct. App. 2002). · cites it 14× “Because the trial court erred as a matter of law in instructing the jury that Daniel owed an ordinary degree of care in operating the riding lawn mower on a public street rather than the highest degree of care as required by § 304.012, 2 we reverse and remand for a new trial.”
State v. Thurston, 84 S.W.3d 536 (Mo. Ct. App. 2002). · cites it 10× “010, 1 and with the class A misdemeanor of careless and imprudent driving, in violation of Section 304.012. Defendant was found guilty of both offenses, and was fined $500 on the driving while intoxicated charge, and $105.”
RHONDA PARROTT, as Surviving Spouse of JAMES KELSO PARROT, & Individually, Plaintiff-Respondent v. SEVERS TRUCKING, LLC, & BRANDON G. BLACK, 422 S.W.3d 478 (Mo. Ct. App. 2014). · cites it 12× “03, which was offered by Plaintiff and based on the statutory language of section 304.012, 3 requiring “the highest degree of care” from motorists (“Instruction 7”).”
Davis v. Lambert-St. Louis Int'l Airport, 193 S.W.3d 760 (Mo. 2006). · cites it 2× “” This requirement is now codified in section 304.012 and does not exclude emergency vehicles nor does it directly modify official immunity.”
Reed v. Dir. of Revenue, 184 S.W.3d 564 (Mo. 2006). · cites it 4× “Reynolds served Reed with a notice that his driving privileges were suspended and a citation for careless and imprudent driving in violation of section 304.012. The director administratively suspended Reed's driving privileges.”
Abbott v. Bolton, 500 S.W.3d 288 (Mo. Ct. App. 2016). · cites it 3× “See Section 304.012, RSMo. (2000) (“Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner .”
Williams v. Jacobs, 972 S.W.2d 334 (Mo. Ct. App. 1998). · cites it 4× “0211 rather than MAI 11.03, as suggested by Ms. Williams.”
Knierim v. James, 677 S.W.2d 322 (Mo. 1984). · cites it 8× “Section 304.012, RSMo (Cum.Supp.1983), reads as follows: 1.”
State v. Clark, 263 S.W.3d 666 (Mo. Ct. App. 2008). · cites it 3× “Clark asserts that the double jeopardy clause barred the State’s prosecuting him for careless and imprudent driving in violation of Section 304.012, RSMo 2000, because he had pleaded guilty to violating Peculiar ordinance, Section 340.”
Hinds v. Kircher, 379 S.W.2d 607 (Mo. 1964). · cites it 8× “Section 304.012 (all section citations herein refer to sections of RSMo 1959 and V.”
State v. Johnson, 148 S.W.3d 338 (Mo. Ct. App. 2004). · cites it 4× “, § 304.012, RSMo 2000. The statute on which the State relies here, Johnson notes, does not forbid accelerating without a signal or moving forward from a stopped position.”
Fainter v. State, 174 S.W.3d 718 (Mo. Ct. App. 2005). · cites it 5× “In support of its argument that a riding lawn mower is a motor vehicle, the state relies on Stonger v.”
Show all 55 citing cases →
— Mo. Rev. Stat. § 304.012(1) — 2 cases
Stonger Ex Rel. Stonger v. Riggs, 85 S.W.3d 703 (Mo. Ct. App. 2002). “Because the trial court erred as a matter of law in instructing the jury that Daniel owed an ordinary degree of care in operating the riding lawn mower on a public street rather than the highest degree of care as required by § 304.012, 2 we reverse and remand for a new trial.”
Root ex rel. Root v. Mudd, 981 S.W.2d 651 (Mo. Ct. App. 1998).
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