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 Missouri, careless and imprudent driving is addressed under Missouri Revised Statutes Section 304.012. This statute requires that a person operates a motor vehicle in a careful and prudent manner, without endangering the property of others or the life or limb of any person. Careless and imprudent driving is considered a moving violation and can be charged when a driver fails to drive in a responsible manner, which may include actions such as failing to stop at a stop sign, failing to signal, or texting while driving. The offense is typically less severe than reckless driving, which involves willful or wanton disregard for the safety of others. Law enforcement officers have the discretion to issue citations for careless driving, and prosecutors have the discretion to pursue charges. Ultimately, a judge or jury will determine if the prosecution has met its burden of proof to convict the driver of the offense. Penalties for careless and imprudent driving in Missouri can include fines, points on the driver's license, and in some cases, jail time, especially if the driving behavior resulted in an accident or injury.