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 Maine, careless driving is addressed under the term 'failure to maintain control of a motor vehicle' and is considered a traffic infraction. Maine law requires drivers to operate their vehicles in a manner that is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Careless driving may include behaviors such as failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving. It is distinct from reckless driving, which involves more willful or wanton disregard for safety and is a more serious offense. The specific charge and its severity can depend on the circumstances of the violation and whether it resulted in an accident. Law enforcement officers have the discretion to issue citations for traffic violations, and prosecutors have the discretion to bring charges. However, a judge or jury ultimately determines whether the prosecution has met its burden of proof to convict the driver of a criminal offense or find them responsible for a civil infraction.