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Bus driver dismissed after failed breath test
Published Thursday, March 6, 2008
A random alcohol breath test has left Janie Mullikin without a job. Whether or not the former school bus driver faces charges depends on a review of the investigation.
Mullikin, a driver for the Pelican Rapids School District, submitted to and allegedly failed the test after completing her morning route Feb. 25. Mullikin denies she had been drinking.
Federal law mandates random drug and alcohol tests for motorists holding a commercial driver’s license, including school bus drivers. The test results were reported to the local branch of the Minnesota State Patrol. Minnesota State Patrol Sgt. Paul Davis, commercial vehicle division out of St. Paul, conducted an investigation.
“I’m in the process of completing some paperwork,” Davis said. “I’ll submit it (Thursday, March 6) to the Otter Tail County Attorney’s Office for their review and their determination where they want to proceed.”
Assistant County Attorney Heather Brandborg, who is handling the case, said the report can be released after she has reviewed it.
Mullikin was not a school district employee.
“We contract with Christianson Bus Service, so (Mullikin) wasn’t an employee of ours,” said Deborah Wanek, superintendent of the Pelican Rapids School District . “When I came here in July, (company owner Jim Christianson) and I sat down and talked and he told me that the care of the students is his number one priority. I rest comfortably knowing that.”
Mullikin referred all questions to her attorney, Dennis Fisher. Fisher did not return phone calls to the Daily Journal by press time. Christianson was unavailable for comment.
Comments
The Daily Journal is happy to host community conversations about news and life in Fergus Falls and the surrounding area. As hosts, we expect guests will show respect for each other. That means we don't threaten or defame each other, and we keep conversations free of personal attacks. Witty is great. Abusive is not. If you think a post violates these standards, don't escalate the situation. Instead, flag the comment to alert us. We'll take action if necessary. It's not hard. This should be a place where people want to read and contribute -- a place for spirited exchanges of opinion. So those who persist with racist, defamatory or abusive postings risk losing the privilege to post at all.Posted by otterfan (anonymous) on March 6, 2008 at 12:08 p.m. (Suggest removal)
Was she drinking the night before and still had traces of alcohol or was she actually drinking that morning before she did her morning route?
Posted by oh_its_you (anonymous) on March 6, 2008 at 12:38 p.m. (Suggest removal)
Whether she was drinking the night before or the morning of seems irrelevant, there were students on the bus and if she failed the test that means that there were young lives at risk. It isn't that hard to call in and tell someone that you made a mistake and can't drive the school bus that morning cause you overdid it. There could have been some repercussions at work after that, but at least there wouldn't have been the possibility of something very tragic happening. Thankfully no one had to die to get this irresponsible person out from behind the wheel!
Posted by pilsnerurquel (anonymous) on March 6, 2008 at 12:56 p.m. (Suggest removal)
Oh please. She could have had a glass of wine with her dinner the night before and failed the test the next day. That hardly makes her a danger to society. Don't be so quick to judge, oh_its_you.
Posted by J_J (anonymous) on March 6, 2008 at 1:11 p.m. (Suggest removal)
Just a small fact in the matter is that there is no way that a person who has one glass of wine the night before would fail the test. She would have had to have a bottle maybe. Because it takes on average I believe an hour per drink to leave your system.
But you are right, people do make mistakes; and hopefully they learn from them.
Posted by Granny (anonymous) on March 6, 2008 at 1:24 p.m. (Suggest removal)
Cough syrup or mouth wash will also make her fail the am test.
Posted by chrreed (anonymous) on March 6, 2008 at 1:26 p.m. (Suggest removal)
I think that she may need professional help if she is willing to put the kids lives at stake instead of calling in sick if she had been drinking...
Posted by bucksteel (anonymous) on March 6, 2008 at 1:29 p.m. (Suggest removal)
In the state of MN, a person with a CDL (commercial license for truck or school bus) will lose their license for one year if they are over .04% BAC (and if it is over .08%, a DUI comes into play). However, if "your blood alcohol concentration is less than 0.04 percent but you have any detectable amount, you will be put out-of-service for 24 hours." It would be interesting to know what this person's BAC was. Typically the body processes .01% per hour out of your system, so it clearly was not a glass of wine with dinner, unless it was a 72-ounce glass.
Posted by oh_its_you (anonymous) on March 6, 2008 at 2:15 p.m. (Suggest removal)
If she failed the alcohol breath test she was being a danger to the students that she was transporting on the bus. I am sure that if it were your son or daughter on that bus that day you would feel the same. You bring up a point that I find amazing in this area...someone drinking and driving isn't a danger to society...hmmm...
Posted by concerned08 (anonymous) on March 6, 2008 at 2:46 p.m. (Suggest removal)
Not that I get all my information from TV but the Mythbusters (a show on the discovery channel) proved that having cough syrup or mouthwash won't cause you to fail the test. Also, I believe that people are entitled to make mistakes, but I don't believe this is one that should be forgive and forget. I think we are way to relaxed on these issues as a whole. Just my thoughts.
Posted by nobal (anonymous) on March 6, 2008 at 3:19 p.m. (Suggest removal)
I recall when I was in Collage there was a sort of class on drinking and a state trooper had a person in the class use some breath freshner before he gave her the breatherlizer,no one had seen her spray this in her mouth so it would be a suprise to every one. The freshner made her fail.
The trooper told the class if you have been out and had a few and DID get pulled over,don't by any meens ever use some breath freashner to try to hide any smell of beer or boze.
That will for sure make you fail the test and he proved it to by the test!
The Lady whom took the test had been in class all day and had not had a drop of anything to drink but failed because of the breath freshner.
I know there is gonna be some one thinking that can not be true.
I know for sure because the lady was sitting next to me as this took place.
The trooper had asked me to do it first but I declined.
Posted by werty (anonymous) on March 6, 2008 at 4:18 p.m. (Suggest removal)
Hey nobal...I are a collage student
Posted by tapdancer (anonymous) on March 6, 2008 at 6:35 p.m. (Suggest removal)
This story was updated on KVLY news two days ago. The person who administered the tests was not completely on the up-and-up so to speak. Check out the KVLY website and check the news stories for March 4th. Boy reading these comments, I'd think some of these readers are ready to crucify this lady.
Posted by MrEd (anonymous) on March 6, 2008 at 6:41 p.m. (Suggest removal)
I failed the breath test 3 times in a row, but I was exonerated because the alcohol test they used was a mouth swab...which is designed to pick up anything with an ethonal base. Well guess what? The toothpaste I was using was menthol flavored and has an ethonal base. I then asked for a blood draw and went to the local cop shop and demanded a breath test. I blew a .000 and the blood test came back negative. She should not have relyed only on the one test.
Back to work the next day.
Posted by walleye29 (anonymous) on March 6, 2008 at 7:33 p.m. (Suggest removal)
If they used a breath test and it was administered properly, and she was over a ,o4 I would say she has a major problem. It is true that mouthwash and other things can effect a test, but only if the test is not administered according to established guidelines. I was certified to give these tests fo many yearsand hope that whover gave tge test did it right. It it was and she was at that level she should be dismissed from her job,.
Posted by Notthere (anonymous) on March 6, 2008 at 7:36 p.m. (Suggest removal)
A grown woman should know when not to drive. Who cares if it was that morning or the night before. driving under the influence is against the law. And should be when you have others lives in your hands. And it would be nice to know what kind of test. But bottom line, you drive a bus you must have an idea of what you can and cannot do.
Posted by Granny (anonymous) on March 6, 2008 at 9:38 p.m. (Suggest removal)
EXONERATED, the person who was doing the tests had not been certified for 7 yrs or was it 8 yrs. Heard it on the news tonight. She now may ask for her job back she could also sue. She had not had any alcohol to drink.
Posted by otterfan (anonymous) on March 7, 2008 at 9:16 a.m. (Suggest removal)
Charges against bus driver to be dropped
Kevin Wallevand, WDAY, Published Thursday, March 06, 2008
WDAY 6 news learned late this afternoon, the Minnesota State Patrol and the Otter Tail County Attorney's office are not filing charges against a Pelican Rapids school bus driver.
50-year old Janie Mullikin was fired after failing a random alcohol test a week ago. It appeared the state patrol was prepared to prosecute aggressively, until they learned the man giving the DOT test was no longer certified.
According to a police report obtained by WDAY today, Mulliken blew a .08, considered drunk driving. But the State Patrol soon learned the man administering the DOT alcohol test, had allowed his certification to lapse 7-years. So the was the point 08 accurate, but the State Patrol considered him an unqualified breath test operator.
No charges to be filed against bus driver
According to the police report, the State Patrol was in its words,”disheartened about the revelation of the testers lack of certification." Leaving no choice but to abandon any prosecution.
Posted by daidres (anonymous) on March 7, 2008 at 9:35 a.m. (Suggest removal)
I sure hope that the bus driver wasn't drinking before her bus route in the morning, this would point to serious alcoholism if she was. Make sure not to brush your teeth or gargle before you go driving!
Posted by chriscraft (anonymous) on March 21, 2008 at 12:55 p.m. (Suggest removal)
When in possession of a CDL & are the operator of a Commercial Vehicle the trace of "ANY" alcohol (ETOH) will put you out of service reguardless if under .04. I'd suggest that if you are dependant on your livelyhood, like most of us are, you'd be well advised to obstain from consuming ETOH while at your place of employment or prior to going on duty. Whether it was consumed at your residence is no defense in the eyes of an employer. The operators of Commercial vehicles are well aware of the possibility of random testing.
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