The state of California can classify some driving under the influence cases as operating with "implied malice". Not sure it would qualify in this scenario, but there is precedent for arguing that reckless incompetence is malicious when it is done without regard for the consequences.
The state of California can classify some driving under the influence cases as operating with "implied malice". Not sure it would qualify in this scenario, but there is precedent for arguing that reckless incompetence is malicious when it is done without regard for the consequences.