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 Montana, careless driving is addressed under Montana Code Annotated 61-8-302. The statute defines careless driving as operating a vehicle 'in a careless, reckless, or imprudent manner, without due caution and circumspection, and at a speed or in a manner so as to endanger or be likely to endanger any person or property.' Careless driving in Montana is considered a misdemeanor offense, which is less severe than reckless driving. Reckless driving involves a willful and wanton disregard for the safety of persons or property, which is a higher threshold of behavior than careless driving. Penalties for careless driving in Montana can include fines, points on the driver's license, and potentially jail time, depending on the circumstances of the offense and whether it resulted in an accident or damage. Law enforcement officers have the discretion to issue citations for careless driving, and prosecutors have the discretion to pursue charges. Ultimately, it is up to a judge or jury to determine if the prosecution has met its burden of proof to convict the driver of the offense.