Former District 1 Horry County School Board member Holly Heniford’s DUI case has been dismissed, according to North Myrtle Beach spokesperson Pat Dowling.
Dowling said Monday that her case had been dismissed and her record expunged.
Fran Humphries, city prosecutor on the case, said that the charges were dropped due to "reason of law based on a technical error by law enforcement on the scene."
"There was no agreement, or anything sinister," Humphries said. "It was done in my discretion, there was no motion from the defense. The warnings pursuant to Miranda laws were not provided on the scene and recorded as required by the law."
Humphries said it is an uncommon error, and "absolutely understandable considering the confusion of that particular scene."
In early September, Heniford was found in her SUV, parked in the middle of the road where Highway 31 exits onto Robert Edge Parkway. She was arrested and charged with driving under the influence.
Humphries said that the way the law is written, it places substantial burden on law enforcement and that the technical requirement was not met.
"Regardless of who the person is, they are all still protected by the same law," Humphries said.
Heniford released a statement regarding the decision Tuesday.
"When I resigned from the school board, it wasn’t because of any expected outcome of the case," Heniford said. "I resigned because I didn’t want my situation to distract from the important work of the board members in providing an excellent education for our children. Even with the outcome of the case, I believe that was the proper decision at the time and I wish the board members the best of luck going forward. I have no plans at this time with regard to future public service. It is time for me and my family to focus on going forward personally."
Court records last week indicated that her case would've gone to trial on Monday in the North Myrtle Beach Municipal Court. As of Friday, the court was unsure whether or not her case would go to trial at all. The charge is no longer visible on public online Horry County court records.
A police report states that Heniford had a blood-alcohol concentration of less than .10 percent, although she did not give a blood or breath test, Dowling said in September. The legal limit in South Carolina is .08 percent.
She was released from jail early Sept. 7 after posting bail.
Heniford resigned from the board, and her District 1 seat (which covers North Myrtle Beach and parts of Myrtle Beach) is to be filled by Reverend Russell Freeman of Little River United Methodist Church. Freeman is to be sworn in at tomorrow night’s school board meeting.
News partner WMBF News contributed to this report.