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 Nevada, careless driving is addressed under Nevada Revised Statutes (NRS) 484B.653, which defines it as driving 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.' This is distinct from reckless driving, which is a more serious offense and involves driving with 'willful or wanton disregard for the safety of persons or property' according to NRS 484B.653. Careless driving is considered a less severe infraction than reckless driving and is often associated with less dangerous behaviors, such as failing to signal or stopping at a stop sign. The penalties for careless driving in Nevada may include fines, points on the driver's license, and potentially traffic school or community service, depending on the circumstances and the discretion of the court. Law enforcement officers and prosecutors have the discretion to issue citations and pursue charges based on their assessment of the situation, while judges or juries have the discretion to determine the outcome of the case based on the evidence presented.