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 New York, careless driving is typically referred to as 'failure to use due care' under New York Vehicle and Traffic Law. This law requires drivers to operate their vehicles in a careful and prudent manner, taking into account the actual and potential hazards then existing to avoid endangering any person or property. A driver may be cited for failure to use due care for actions such as failing to stop at a stop sign, failing to signal, or texting while driving. This offense is considered less severe than reckless driving, which involves a more willful disregard for safety. The specific charge and its severity can depend on the circumstances of the violation and whether it resulted in an accident. Law enforcement officers and prosecutors have discretion in issuing citations and pursuing charges, but ultimately, a judge or jury will determine if the prosecution has met its burden of proof to convict the driver of a criminal offense or find them responsible for a civil infraction. Penalties for careless driving in New York can include fines, points on the driver's license, and potentially other consequences depending on the nature of the violation and the driver's history.