Photo: Carol May 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 is now serving an 89-day jail sentence on a probation violation.
Fifty-nine-year-old Carol Boviall is accused of violating her probation in the accident case by recently testing positive for the use of methamphetamine. She is alleged to have admitted she had used meth four days prior to the test.
A revocation petition was filed July 29. There are several allegations listed in the document, in addition to the positive meth test.
Boviall is alleged to have associated with others engaged in criminal activity, lying about her current address, either changing addresses or staying away from her registered residence without prior approval.
In the early November 2018 incident in which the two teenagers were injured, she was also charged with using methamphetamine.
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 as evidence 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 the more invasive blood draw.
Boviall’s case records do contain an Arkansas Statement of Rights form.
However, both the Arkansas and U.S. Supreme Court had ruled that document unconstitutional several months before being used by local investigators.
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.
On the day of the 2018 accident, Boviall was reported to have been at her son’s home when some sort of argument ensued. 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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