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 Illinois, careless driving is not specifically defined as a unique offense in the Illinois Vehicle Code. Instead, Illinois law addresses behaviors that could be considered careless driving under a variety of specific traffic offenses. For example, failing to obey traffic signs, improper lane usage, or texting while driving are all separate violations that could be seen as forms of careless driving. These violations are typically considered petty offenses or misdemeanors, depending on the circumstances and severity of the behavior. Illinois does have a specific statute for reckless driving, which is a more serious offense than what might be considered careless driving. Reckless driving in Illinois involves willfully disregarding the safety of persons or property, and it can be charged as a Class A misdemeanor or a felony if it causes bodily harm or disfigurement. The determination of whether a driver's actions constitute a traffic violation and the decision to issue a citation is at the discretion of the law enforcement officer. If a citation is issued, the prosecution must prove the violation to the satisfaction of a judge or jury to secure a conviction or a finding of responsibility.