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 Kansas, careless driving is addressed under the term 'inattentive driving.' According to Kansas Statutes, inattentive driving is a less severe offense than reckless driving and is considered a traffic infraction. The statute requires that the driver must operate their vehicle in a careful and prudent manner, with due regard for the traffic, surface, and width of the highway, and any other conditions then existing. A driver may be cited for inattentive driving for actions such as failing to observe stop signs, not signaling for turns or lane changes, or texting while driving. The burden of proof lies with the prosecution to establish that the driver was not operating the vehicle in a careful manner. The determination of whether a driver's actions constitute inattentive driving is subject to the discretion of the issuing officer and the prosecutor, while the final judgment is made by a judge or jury who assesses if the prosecution has sufficiently proven the charge to convict the driver of the infraction.