Wrong. The scenario you address has a victim and is defined as a crime. What Baker is describing is more along the lines of a thought crime.  Based upon the "public danger" predictive mode,  I don't understand why these behaviors while driving are not crimes: Talking to anyone in the car.  Driving with children. Eating while driving. Listening to music while driving.  Driving while unrested.  Driving after a full meal. Driving with an upper/lower body injury.   Driving with a bad headache.  I can name a bunch more.  All of these are examples of distracted/impaired driving, which studies have shown to be as-- or in some cases more-- dangerous than drunk driving.