What is the test for an affirmative defense in a motor vehicle accident case?

³ Defendants are mistaken in their assertion that "accident" is an affirmative defense. Instead, it is a request for an instruction that negates the intent element of malice murder. (People v. Jennings (2010) 50 Cal.4th 616, 675, 114 Cal.Rptr.3d 133, 237 P.3d 474 [noting that accident is not an affirmative defense, but a theory that "attempt[s] to raise a doubt concerning an element (intent) of a crime that the prosecution must prove beyond a reasonable doubt"].) Still, a trial court must provide a requested pinpoint instruction on such issues where "there is evidence supportive of the theory." (Ibid. , quoting Saille , supra , 54 Cal.3d at p. 1119, 2 Cal.Rptr.2d 364, 820 P.2d 588.)