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 Louisiana (LA), careless driving is addressed under the term 'careless operation,' which is defined by Louisiana Revised Statutes 32:58. This statute states that any person operating a motor vehicle on the public roads of Louisiana must do so in a careful and prudent manner, without endangering the life, limb, or property of any person. Failure to adhere to this standard may result in a citation for careless operation. The offense is considered less severe than reckless driving, which involves more willful or wanton disregard for safety. The specific penalties for careless operation can vary depending on the circumstances of the violation and whether it resulted in an accident. Law enforcement officers have the discretion to issue citations, and prosecutors have the discretion to bring charges. Ultimately, it is up to a judge or jury to determine if the prosecution has met its burden of proof to convict the driver of the offense. It is important for drivers cited for careless operation to consult with an attorney to understand the specific implications of the charge and to receive legal representation if necessary.