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 Virginia, careless driving is not specifically defined as a separate offense in the state statutes. Instead, Virginia law focuses on 'reckless driving,' which is a more serious offense. Under Virginia Code § 46.2-852, reckless driving is defined as driving a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person. This can include actions such as failing to yield, improper passing, and driving a vehicle that is not under control. Reckless driving is a Class 1 misdemeanor in Virginia, which can result in penalties including fines, points on the driver's license, and even jail time. Careless actions that do not rise to the level of reckless driving may still result in traffic infractions, which are typically civil offenses with penalties such as fines and demerit points on the driver's license. Law enforcement officers and prosecutors have discretion in determining whether a driver's behavior constitutes reckless driving or a lesser traffic infraction, and judges or juries have the final say in whether the evidence meets the burden of proof for a conviction.