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 Colorado, careless driving is defined under Colorado Revised Statutes Section 42-4-1402. It is considered a traffic offense when a person drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances. This offense is less severe than reckless driving, which involves a willful disregard for the safety of persons or property. Careless driving can result in a traffic citation and is often charged when a driver's actions fall below the standard of care expected on the road, such as failing to stop at a stop sign or texting while driving. The penalties for careless driving in Colorado may include fines, points against the driver's license, and in some cases, jail time, especially if the careless driving results in injury or death. The specific charge and penalties can be influenced by the circumstances of the violation and whether it led to an accident. Law enforcement officers and prosecutors have discretion in issuing citations and pursuing charges, while judges or juries have the discretion to determine the outcome based on whether the prosecution has met its burden of proof.