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 Vermont, careless driving is addressed under Vermont Statutes Title 23, Motor Vehicles, Section 1091, which defines negligent operation. The statute requires that the prosecution prove the driver operated a motor vehicle on a public highway in a negligent manner. Negligence is defined as the failure to exercise ordinary care, which is the care a reasonable person would use under similar circumstances. Examples of negligent operation could include failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving. Careless or negligent driving in Vermont is considered a less severe offense than reckless driving, which involves a willful or wanton disregard for the safety of persons or property. The determination of whether a driver's actions constitute careless driving is subject to the discretion of the law enforcement officer and the prosecutor. If a citation is issued, the burden of proof lies with the prosecution, and the outcome is ultimately decided by a judge or jury who assess whether the evidence presented meets the legal standard for conviction or responsibility.