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 Washington State, careless driving is not specifically defined as a separate offense, but it is generally encompassed under the broader category of negligent driving. Washington law recognizes negligent driving in two degrees. Negligent driving in the first degree (RCW 46.61.5249) occurs when a person operates a vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed alcohol or an illegal substance. Negligent driving in the second degree (RCW 46.61.525) is a less serious offense and involves operating a vehicle in a manner that is negligent but does not require the presence of alcohol or drugs. Examples of negligent driving could include failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving. The distinction between negligent and reckless driving in Washington is based on the degree of risk and the driver's state of mind; reckless driving involves a willful or wanton disregard for the safety of persons or property (RCW 46.61.500). Law enforcement officers and prosecutors have discretion in determining whether a driver's behavior constitutes negligent driving and in issuing citations. If a case goes to court, it is up to the judge or jury to determine if the prosecution has met its burden of proof to convict the driver of the offense.