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 Mississippi, careless driving is defined under Mississippi Code Section 63-3-1213. The statute specifies that any person who drives a vehicle 'in a careless or imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances' is guilty of careless driving. This is considered a less severe offense than reckless driving, which involves a willful or wanton disregard for the safety of persons or property. Careless driving in Mississippi is a traffic violation and carries penalties that may include fines and points on the driver's license. The exact penalty can vary depending on the circumstances of the offense 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 charges. However, the burden of proof lies with the prosecution, and the final determination of guilt or responsibility is made by a judge or jury, depending on whether the offense is treated as a criminal or civil matter.