Problem:
Brian Jones was driving under the influence of alcohol and ran into a group of pedestrians walking down the sidewalk in New York City, killing two of them. Brian feels terrible about the incident, but insists it was an "accident" and that he did not intend to harm anyone. The prosecution is charging Brian with first-degree murder, a crime that requires that the defendant act with willful, deliberate, and premeditated action. Brian believes the prosecution will have difficulty proving the mens rea portion of its case. What possible defense, if any, can Brian claim?