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 California, careless driving is typically referred to as 'negligent operation' of a vehicle and is covered under California Vehicle Code Section 23103, which defines reckless driving. While the terms 'careless' and 'reckless' driving are often used interchangeably in common parlance, under California law, reckless driving is a more serious offense and involves driving with 'willful or wanton disregard for the safety of persons or property.' Careless driving, as it is commonly understood, may not have a direct equivalent in California statutes but would likely fall under various other traffic infractions that involve failure to drive with due care, such as failing to stop at a stop sign or texting while driving. These are generally considered infractions and are less serious than reckless driving, which is a misdemeanor criminal offense. The prosecution must prove that the driver violated the traffic laws and did so with a certain level of negligence or disregard for safety. The determination of whether a driver's actions constitute a specific offense is subject to the discretion of law enforcement and the prosecutor, and ultimately, the judge or jury's interpretation of whether the prosecution has met its burden of proof.