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 North Carolina, careless driving is not specifically defined as a standalone offense in the same way as reckless driving. However, actions that could be considered careless, such as failing to stop at a stop sign, failing to signal, or texting while driving, can lead to traffic citations under various statutes that address these behaviors. For instance, texting while driving is explicitly prohibited under North Carolina General Statute § 20-137.4A. The state distinguishes between careless and reckless driving, with reckless driving being a more serious offense, defined under North Carolina General Statute § 20-140 as driving 'carelessly and heedlessly in willful or wanton disregard of the rights or safety of others' or 'without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.' Traffic violations in North Carolina are subject to the discretion of law enforcement officers and prosecutors. 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 a criminal offense or find the driver responsible for a civil infraction.