Justin Linskie was found guilty of criminal vehicular homicide and was sentenced to seven months in prison. Linskie ran over and killed a Susan Menz when she was out photographing the fall colors in 2015. The incident occurred in St. Louis County in Minnesota. Linskie did not have a valid license at the time of the offense. Menz was 60 years old. Linskie also fled from the scene leaving the deceased floating in a pond. Linskie’s license was revoked due to a no proof of insurance ticket in 2003. He had seven other convictions for driving without a license or driving after revocation and a prior DUI on his record.
Criminal Vehicular Homicide in Minnesota
Pursuant to Minnesota statute 609.2112, a motorist is guilty of criminal vehicular homicide when the person causes the death of a human as a result of operating a motor vehicle in:
- a grossly negligent manner
- in a negligent manner while under the influence of alcohol, a controlled substance, or having an alcohol concentration of ,08 or more or having an alcohol concentration of .08 within two hours of driving.
- in a negligent manner while knowingly under the influence of a hazardous substance or with any controlled substance listed in schedule I or II or its metabolite.
- When the driver causes the collision and leaves the scene of the accident.
- where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.
A person convicted of criminal vehicular homicide may be sentenced to imprisonment for not more than ten years and/or a fine of $20,000. Criminal vehicular homicide is a felony in Minnesota. Having a prescription medication if used properly is an affirmative defense to criminal vehicular homicide. To see if you controlled substance is listed in schedule I or II, contact Keller Law Offices.
Linskie did not receive the maximum penalty under the criminal vehicular homicide statute. For answers and questions about your defense, contact keller law offices. Max Keller is a criminal defense lawyer in Hennepin County, Minnesota. A criminal defense lawyer will need to analyze the evidence and come up with a strategy on how to defend you.. Call 952-913-1421 today if you have been charged with a crime and if you are looking for a criminal defense lawyer in Hennepin County, Minnesota. Max Keller has handled many cases in Minnesota and is an experienced Hennepin county defense lawyer. Keller Law Offices offers free consultations and offers payment plans in most cases. Max Keller is experienced in dealing with criminal vehicular homicide cases. The Hennepin county defense attorneys at Keller Law Offices are available 24/7 and will dedicate as much time that is needed to zealously defend you.