Laws regarding careless driving charges vary from state to state—including the name of the offense and its definition. This offense generally requires that the government (prosecution) prove the driver was carelessly or negligently disregarding the rules of the road or failing to operate the motor vehicle in a careful and prudent manner. A driver who fails to stop at a stop sign or to signal a turn or lane change or is texting while driving, for example, may be cited for careless driving.

Careless driving is generally a less serious infraction or offense than reckless driving, and which offense a driver is cited for may be determined by the degree of the violation and whether it caused an accident.

As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.

This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).

In Alabama, careless driving is not specifically defined as a unique offense under state statutes. Instead, Alabama law addresses similar conduct under the term 'reckless driving.' According to Alabama Code Section 32-5A-190, a person commits the offense of reckless driving if they drive a vehicle carelessly and heedlessly in willful or wanton disregard for the safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property. Reckless driving in Alabama is a misdemeanor offense and carries penalties that may include fines, imprisonment, or both. While careless driving as a distinct charge is not recognized, behaviors that might be considered careless in other jurisdictions could fall under the broader category of reckless driving in Alabama. As in other states, law enforcement officers have discretion in issuing citations, and prosecutors have discretion in pursuing charges. The determination of guilt is ultimately made by a judge or jury, based on whether the prosecution has met its burden of proof.