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 South Carolina, careless driving is addressed under the state's traffic laws, specifically in the context of 'reckless driving.' South Carolina Code of Laws Section 56-5-2920 defines reckless driving as driving any vehicle in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property. While 'careless driving' is not explicitly defined in South Carolina statutes, actions that could be considered careless, such as failing to obey traffic signals, not signaling for turns or lane changes, or texting while driving, may fall under the broader category of reckless driving or other traffic offenses. The distinction between careless and reckless driving is often based on the degree of negligence and the potential for causing harm. Penalties for reckless driving in South Carolina can include fines, imprisonment, and points added to the driver's license, which can affect insurance rates and driving privileges. Enforcement of these laws involves the discretion of law enforcement officers to issue citations and the discretion of prosecutors to pursue charges. Ultimately, a judge or jury determines whether the prosecution has met its burden of proof to convict or find the driver responsible for the offense.