How have the courts interpreted implied malice in a motor vehicle case?

Defendant next contends the court erred when it refused to give his proposed pinpoint jury instruction regarding implied malice. Relying on a paragraph from the case of People v. Contreras (1994) 26 Cal.App.4th 944, 954-955, defendant contends the court should have instructed the jury as follows: "Considerations such as whether the act underlying the homicide is a felony, a misdemeanor or inherently dangerous in the abstract, are not dispositive in assessing whether a defendant acted with implied malice.

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A finding of implied malice must be based upon considerations of the circumstances preceding the fatal act."