Photo: Carol Boviall
A Norfork woman, who pled guilty earlier this year to backing her vehicle over a teenage brother and sister as they waited on a school bus, was back in Baxter County Circuit Court Thursday.Fifty-nine-year-old Carol Boviall is accused of violating her probation in the accident case by testing positive for the use of methamphetamine and admitting she had used meth four days prior to the test.
A revocation petition filed Wednesday contains several allegations in addition to the positive meth test.
Boviall is alleged to have associated with others engaged in criminal activity and lying about her current address. It is alleged in the petition Boviall either changed addresses or stayed away from her registered residence without prior approval.
Boviall entered a not guilty plea to the charges in the revocation petition. Circuit Judge Gordon Webb ordered Boviall to reappear Aug. 13. She is in jail on a no bond hold.
In the early November 2018 incident, in which the two teenagers were injured, she was also charged with using methamphetamine at the time of the incident.
A blood sample was taken from Boviall immediately after the accident and sent to the Arkansas State Crime Laboratory. The lab reported the blood tested positive for methamphetamine. However, it was determined the positive test could not be used against Boviall, since no warrant had been obtained to draw her blood.
Arkansas’ implied consent law says anyone operating a vehicle in the state is deemed to have consented to several forms of DWI testing. But, the Arkansas Supreme Court has ruled it was necessary to have a warrant for a blood draw.
Boviall’s case records in the accident case do contain an Arkansas Statement of Rights form. However, both the Arkansas and U.S. Supreme Courts had ruled the document unconstitutional several months before being used by local investigators in the Boviall case.
Prosecutors were forced to stipulate the wrong form had been used by police, rendering the results of the blood test inadmissible.
Without having proof Boviall had methamphetamine in her system on the day she backed over the two teens, the state did not have the aggravating circumstance needed to prove first-degree battery. The charge was reduced to second-degree battery, and she was placed on probation for four years.
On the day of the 2018 accident, Boviall was reported to have been at her son’s home when some sort of argument broke out. She left the residence in what was described as “a hurried manner.”
She backed her SUV onto Main Street, traveling 53 feet before running into the brother and sister standing at their normal school bus stop.
Both teens suffered serious injuries.
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