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 Ohio, careless driving is not specifically defined as a unique offense under state statutes, but similar conduct may fall under broader traffic violations such as 'failure to control' or 'operation without being in reasonable control of the vehicle,' as outlined in Ohio Revised Code Section 4511.202. This statute requires that drivers operate their vehicle without endangering or likely to endanger persons or property. Careless driving behaviors, such as failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving, could be cited under this or other relevant traffic laws. Careless driving in Ohio is considered a minor misdemeanor, which is less serious than reckless driving, a more severe offense that involves willful or wanton disregard for the safety of persons or property (Ohio Revised Code Section 4511.20). The determination of whether a driver's actions constitute careless or reckless driving is subject to the discretion of the issuing officer and the prosecutor, and ultimately, the judge or jury's interpretation of the evidence presented at trial.