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 Maryland, careless driving is not specifically defined as a unique offense under the state's traffic laws. Instead, Maryland law addresses similar conduct under the term 'negligent driving,' which is considered a less severe offense than 'reckless driving.' Negligent driving occurs when a person drives a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual (Maryland Transportation Code, § 21-901.1(b)). Examples of negligent driving could include failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving. The penalties for negligent driving in Maryland include fines and points on the driver's license, but do not typically involve jail time, distinguishing it from the more serious offense of reckless driving. Law enforcement officers have discretion in issuing citations for traffic violations, and prosecutors have discretion in pursuing charges. If a case goes to court, it is up to the judge or jury to determine if the prosecution has met its burden of proof to convict the driver of the offense.