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 Tennessee, careless driving is not specifically defined as a separate offense in the state statutes. Instead, Tennessee law addresses similar conduct under the offense of 'reckless driving.' According to Tennessee Code Annotated § 55-10-205, reckless driving is defined as driving a vehicle with willful or wanton disregard for the safety of persons or property. This is considered a more serious offense than what might be termed 'careless driving' in other jurisdictions. However, actions such as failing to stop at a stop sign, failing to signal, or texting while driving could lead to citations for other traffic violations under Tennessee's traffic laws. The determination of whether a driver's actions constitute reckless driving or another traffic violation is at the discretion of the issuing officer and the prosecutor. If a case goes to court, it is then up to the judge or jury to decide if the prosecution has met its burden of proof to convict the driver of the charged offense.