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 New Jersey, careless driving is defined under N.J.S.A. 39:4-97 and is considered a lesser offense than reckless driving. Careless driving occurs when a person drives a vehicle 'without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property.' This can include behaviors such as failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving. The charge is typically a traffic violation rather than a criminal offense, but it can still carry penalties such as fines, points on the driver's license, and potential increases in insurance premiums. The burden of proof lies with the prosecution to show that the driver was operating the vehicle in a careless manner. Both law enforcement officers and prosecutors have discretion in issuing citations and pursuing charges, while judges or juries have the discretion to determine the outcome of the case based on the evidence presented.