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PR bus driver cleared
No charges will be filed after test found to be inadmissible
Published Friday, March 7, 2008
Because an unauthorized operator performed the alcohol breath test, charges against former school bus driver Jane Ann Mullikin will not be pursued. The operator, Jim Hovland of Pelican Rapids, has been performing these tests for more than seven years without certification, according to the investigator’s report.
“There is no admissible test in this matter because it was conducted by a party who was not certified to perform it,” Otter Tail County Assistant Attorney Heather Brandborg said.
Mullikin, 50, Pelican Rapids, drove bus for Christianson Bus Service, which provides transportation for the Pelican Rapids School District. School bus drivers are required by U.S. Department of Transportation to be randomly checked for drugs and alcohol four times a year. Hovland, a private contractor hired by Christianson Bus Service, performed the test on Feb. 25.
Mullikin, according to the investigator’s report, tested .084 at 8:41 a.m. on the first test. A commercial driver’s license holder can be issued a DWI if their blood alcohol level is .04 if they are operating a commercial vehicle at the time of the stop, said Minnesota State Patrol Sgt. Paul Davis, St. Paul, who investigated the incident. A calibration test was performed at 9:03 a.m. to indicate the instrument was operating correctly. At 9:10 a.m., Mullikin tested .079. Mullikin was then dismissed by the bus company. She maintains she had not been drinking.
Davis met with bus service owner Jim Christianson and Hovland on March 3.
“I was informed by Mr. Hovland… that his breath test operators certification lapsed in 2001 (certification renewal is required every five years),” Davis wrote in his report. “Mr. Hovland said he let the certification lapse because he could not find anyone in the immediate area to recertify him. This meant he had been performing breath alcohol tests for the past seven-plus years as an unqualified breath test operator … Based on this disheartening revelation, it was painfully obvious to me I would be unable to move forward with any type of criminal charges without a valid alcohol test. It appears Mr. Hovland had not shared this information with Mr. Christianson at the time the test was being performed.”
Hovland will not face criminal charges, Brandborg said, because it was a private test. Therefore, his certification was a private matter, not criminal.
Davis is unable to substantiate that Hovland is contracted by USIS Commercial Services out of Lincoln, Neb., to perform these tests. Calls from the Journal to Hovland and USIS to confirm this were not returned.
Mullikin has not decided whether or not she will take the matter to court for civil charges.
“We don’t know what tact we’re going to take next,” said her attorney, Dennis Fisher, Fargo. “A paraprofessional on the bus with her that morning said she smelled no alcohol (on Mullikin).”
Mullikin did not lose her driver’s license over the incident. At this point, she has not been offered her job back; she doesn’t know if she’d accept it if she did, Fisher said.
“She has to support her child,” he said. “To be without a job is tough … She appreciates the support of the Pelican Rapids community.
After the incident, Christianson posted on his web site that his company has been administering DOT random tests since the law went into effect in 1996. The positive random was the first for the company, he said.
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 Colt45 (anonymous) on March 7, 2008 at 1:26 p.m. (Suggest removal)
Man, is this going to open a legal can of worms. What about any convictions that may have happened b/c of this guy's testing in the last 7 years?
C45
Posted by prowler (anonymous) on March 7, 2008 at 3 p.m. (Suggest removal)
If there was any they'll probably be thrown out, and Hovland and whatever company he was working for at the time could be sued in civil court.
Posted by FFguy (anonymous) on March 7, 2008 at 3:44 p.m. (Suggest removal)
So lets just ignore the BAC of over .08.
Posted by Piglet (anonymous) on March 7, 2008 at 4:35 p.m. (Suggest removal)
You have got to be kidding me!! How about charges against Hovland for fraud? They knew they were not certified yet didn't tell their clients? What good is a random test if it is inadmissible? And it's not like their certification just expired yesterday. They have been defrauding people for YEARS! How much money has the bus company paid them over all these years for inadmissible testing? If the bus company is paid by the school district for their services, wouldn't that be tax dollars being flushed down the toilet?
Posted by jafo (anonymous) on March 7, 2008 at 4:59 p.m. (Suggest removal)
So, how do you blow a .079 if you haven't been drinking??
And, if she hadn't been drinking, and thought the test was bogus, why wouldn't she request a blood alcohol test??
And and, why wouldn't she want her job back? If she wasn't drinking and the test was bad... they're just doing what they are suppose to do with the random tests.
This story smells funny.
Posted by tanker8 (anonymous) on March 7, 2008 at 5:47 p.m. (Suggest removal)
Could a false positive be generated by operator error? Was this guy not up to date on operating such a machine?
Posted by walleye29 (anonymous) on March 7, 2008 at 6:44 p.m. (Suggest removal)
As I stated yesterday the operator of the testing instrument should be certified. Now it is revealed he was not. The major concern with a false reading would be if the operator did not wait the required 20 minutes of observation prior to administering the test. If he did not then a false reading due to mouth wash or other liquids could have been posssible. The problem here is that the credibility of the operator and his competency are both in question at this time. Given that the benifit of the doubt and the validity of the test we must side on the part of the driver due to the neglect of the test operator to maintain his credentials. At this point I beleive the bus company should be held accountable for poor but well intentioned testing. As far as past tests are concerned I am sure that the operator of the machine would have been checked to see if he was certified if anyone else had blown and indicated any use of an alcohalic beverage. One can only wonder if persons who had been drinking may have passed the test in the past due to unqualified individuals operating the testing equipment?
Posted by Frogie (anonymous) on March 7, 2008 at 10:32 p.m. (Suggest removal)
IF SHE JUST GOT DONE ON HER ROUTE AND SHE BLEW AND FAILED THE TEST. WHY WAS THE POLICE NOT CALLED RIGHT AWAY SO SHE COULD BE CHARGED WITH THE CRIME? AND IF SHE SAY'S SHE WAS NOT DRINKING SHE SHOULD OF GONE AND HAD A BLOOD TEST DONE. I AM NOT SURE WHICH IS RIGHT. 1. LOSING YOUR JOB BECAUSE YOU FAILED THE TEST OR IF YOU ARE CHARGED WITH A DWI? AND HAVING THE LIFE OF ALL THOSE CHILDREN IN YOUR HANDS? AND IF THE BUS CO. WAS WRONG WHY WOULD YOU NOT WANT YOUR JOB BACK IF YOU WERE RIGHT!!
Posted by Valerie (anonymous) on March 7, 2008 at 11:38 p.m. (Suggest removal)
This is to Frogie...You asked the question why the bus driver didn't have a blood test performed on her own accord? How do you know that she didn't go and have a blood test done and her lawyer has told her to stay quiet until they discuss their options?
This bus driver has every right to bring a civil suit against those who defamed her. My God, most of you in this forum crucified her and imagine how she will have to try and live with the rumors and suspicions in her community! I hope she nails the tester and bus company's butt to the wall.
The bus company certainly has a responsibility to the safety of the children. In my estimation, they are as criminal by using a tester who was not cerified as much as placing a driver under the infuence behind the wheel.
Posted by Sumwun (anonymous) on March 7, 2008 at 11:38 p.m. (Suggest removal)
It's too bad the folks in PR dont have their stuff together. A drunk school bus driver off the hook due to some disorganization. It'd be nice to see the driver own up and say she made a mistake instead of lying. Only way the test would have been THAT far off is if she had chugged a bottle of Listerine a couple minutes before the test...guessin that wasnt how it happened. All around bad form. Again...too bad PR dropped the ball on this one.
Posted by jamieann (anonymous) on March 8, 2008 at 1:13 a.m. (Suggest removal)
Sumwun>??? You state she is/was a Drunk School Bus Driver? Where's the proof? 1.She said she wasnt drinking. 2. The test was illegally administered. 3. Paraprofessional did not notice any alcohol on her breath. Whats with you people??? There mustve been some reason for the bad reading. Too many hang them high couch lawyers with vendettas and negative feelings. Let her deal with this on her own. What would YOU DO if it were you?????
Posted by Sumwun (anonymous) on March 8, 2008 at 1:46 a.m. (Suggest removal)
Probably wouldn't be drunk on the job for starters. One, proof is in the numbers (0.08 or higher is drunk these days). 2. Jeez, a drunk bus driver says she wasnt drinking...well, I guess she wouldnt be one to bend the truth now would she. And since you know of this phenomenon to cause a bad reading on a device that is constantly tested in labs and on the street level, please, do tell. The only problem here is that they aren't organized there and keeping people up to date on their certifications.
Posted by Mmm (anonymous) on March 8, 2008 at 8:18 a.m. (Suggest removal)
There were 2 people tested and the other passed???? Must have meant she was legally drunk no matter if the person wasn't certified. That is all it was a piece of paper stating certification. If this person was doing tests for 12 years, he must have known what he was doing. Seems that this is the first driver to fail a test.
Posted by sandiego (anonymous) on March 8, 2008 at 8:43 a.m. (Suggest removal)
I'm surprised it took so long for her to finally get caught.
Posted by concerned08 (anonymous) on March 8, 2008 at 10:50 a.m. (Suggest removal)
I can't believe more people aren't concerned that someone was driving students around apparently under the influence. So many people jumping to her defense because of a technicality.
Posted by Frogie (anonymous) on March 8, 2008 at 12:01 p.m. (Suggest removal)
I WAS ONLY STATING THAT IF SOMEONE TOLD ME I HAD FAILED THE TEST AND I KNEW THAT I HAD NOT BEEN DRINKING I WOULD DEMAND A BLOOD TEST DONE AT THE LOCAL MEDICAL CENTER! WHERE YOU KNOW THEY ARE CERTIFIED TO DO THE TEST! AND THEN I WOULD GO GET A LAWYER. AND MOVE ON FROM THERE! RIGHT NOW IT STANDS HE SAID SHE SAID AND WHO IS RIGHT!!
Posted by sandiego (anonymous) on March 8, 2008 at 2:39 p.m. (Suggest removal)
I don't know how any lawyer would want to defend her if he knew the truth.
It's to bad Mr. Hovland wasn't recertified.
I hope Christianson's Bus Sevice does not give her the job back of driving bus.
If he does he is making his bus company look bad.
She went to a funeral with alcohol on her breathe.
She better not ever drive my kids to school!!!!!!!!!!
Posted by formerres (anonymous) on March 8, 2008 at 8:01 p.m.
(This comment was removed by the site staff.)
Posted by daidres (anonymous) on March 8, 2008 at 8:51 p.m. (Suggest removal)
Kind of like a murderer getting off because of some legal issues with how the case was made against him. Sounds pretty lame. I am upset that this lady can't come out and say what really happened, if she is so innocent, then if I were her I would be spreading it around. The only arguments I have heard in this case is that Mr. Hovland wasn't certified. It was fate that morning that a test was put apon her,the public is well aware, and can smell out a fishy story with our noses plugged. If she is innocent,then speak up! In this case, flags are raised. FYI Chugging a WHOLE bottle of mouth wash is some peoples choice of alcohol. It's cheaper. An episode on Intervention showed a lady who would drink a bottle in an hour or less. Same effects. I am so glad that my kids don't ride a school bus, in the last week an idiot shoots at a school bus, and a bus driver fails a breathalizer. Hmmmmmmm I'd drive your kids to school these days !
Posted by davieboy (anonymous) on March 9, 2008 at 12:36 a.m. (Suggest removal)
Yah.......Bad Bus company........Bad Mr. Hovland.......Yippee, the bus driver got off on a technicality.....that's great news. I think it's wonderful that the blame got shifted to Mr Hovland. Why should the bus driver be held accountable? And what about all those other poor people who may have tested over the limit by Mr.Hovland the last 7 years. I'm sure the fact that Mr.Hovland wasn't up on his certification means he is incompetent and the testing procedures have changed dramatically since 2001. Then again.....maybe not. God help the next bunch of kids that have to ride on her bus if she really "Is" over the limit next time.
Posted by froggy (anonymous) on March 9, 2008 at 8:35 p.m. (Suggest removal)
Why in the world would anyone blame anyone but the person who did have alcohol in her system?? I understand that Mr. Hovland was not up to date on his end, but it doesnt change the fact that she failed the test!! I'm sure that others who drive the buses in Pelican had to take the test also. So why was it that only she failed?? I think the answer should be obvious, because she had alcohol in her system!! As far as her comment on the news, God does know what she did do or "didnt" do, and she will have her jugdement day. I think its really messed up how people can twist and turn things!! My heart goes out to the parents of those children, who did have to ride her bus that day!! She is completely in the wrong, she could have called in sick. As an adult she needs to take responsiblity for her actions, and stop the lying. For those who seemed to blame others who are not at fault, (on pelican's blogspot) you need to find other things to do with you time!! Pelican is a small town and word travels fast. But you also have to realize that it will get twisted and retold the wrong way who knows how many times. So unless you know the whole story, I think you should limit your comments.
Posted by formerres (anonymous) on March 10, 2008 at 10:46 p.m. (Suggest removal)
How can you NOT blame Jim hovland for a large part of this? Because he failed to DO HIS JOB, someone who DID blow a pretty god BAC can still go drive your kids around.
Posted by prmom (anonymous) on March 11, 2008 at 7:39 a.m. (Suggest removal)
Okay, but Hovland works for someone, right? Is it the County, State...? Not sure, but shouldn't they have made sure he was re-certified whenever they called on him to administer these tests?
I do think it was Hovland's responsibility, but also his employers.
Posted by formerres (anonymous) on March 11, 2008 at 8:37 p.m. (Suggest removal)
NO, Hovland owns, and operates his own company.
Posted by countrygirl (anonymous) on March 12, 2008 at 11:35 a.m. (Suggest removal)
Hey, froggie ~ do you "know the whole story"? You sound like you think you do but maybe someone a little closer to the situation knows more?!?! I think all of you are going on what little information the press has and what rumors are flying. I don't think any of us know for sure that she was drunk when she drove that route. If Hovland wasn't certified who knows if his equipment was tested or up to date or working correctly. It is easy to throw stones and start rumors when you and yours are involved. Just remember ~ someday you may have a situation that everyone thinks they know all about but only you know the truth and then hurtful things can be said about you. I think we all need to just back off and quit throwing stones and calling names.
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