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 Hawaii, careless driving is addressed under Hawaii Revised Statutes Section 291-12, which defines the offense as operating a vehicle 'without due care or in a manner as to cause bodily injury to any person or to endanger the property of another.' To prove a driver was careless, the prosecution must show that the driver was not operating the vehicle with the necessary care expected under the circumstances. This could include behaviors such as failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving. Careless driving in Hawaii is considered a traffic infraction, which is less severe than reckless driving. Reckless driving involves a willful or wanton disregard for the safety of persons or property and is a more serious offense under Hawaii law. Law enforcement officers and prosecutors have discretion in issuing citations and pursuing charges, and the accused has the right to have a judge or jury determine whether the prosecution has met its burden of proof. Penalties for careless driving in Hawaii may include fines, driver's education courses, or other sanctions as determined by the court.