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 Michigan, careless driving is defined under Michigan Compiled Laws Section 257.626b as driving a vehicle upon a highway or a frozen public lake, stream, pond, or other place open to the general public, including an area designated for the parking of vehicles, in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness. A careless driving charge is considered a civil infraction, which is less serious than a criminal offense such as reckless driving. Penalties for careless driving in Michigan may include fines and points added to the driver's license, which can affect insurance rates. The specific consequences depend on the circumstances of the violation and whether it resulted in an accident. Law enforcement officers have the discretion to issue citations for careless driving, and prosecutors have the discretion to pursue these charges. However, the burden of proof lies with the prosecution, and a judge or jury ultimately determines the outcome of the case based on the evidence presented.