Why a former Horry County Schools board member’s DUI charge was dropped
A former Horry County Schools board member, who resigned following a DUI arrest, was able to avoid prosecution on a technicality.
Holly Heniford, who represented District 1, was arrested in North Myrtle Beach in September and resigned 10 days later, noting in a statement that she didn’t want her personal situation to distract the board from its focus in serving the students.
North Myrtle Beach spokesman confirmed that Heniford’s charges were dismissed by the prosecutor and expunged by a judge.
Fran Humphries, the prosecutor on the case, said the dismissal was due to a requirement in the South Carolina’s DUI statute that law enforcement advise a defendant on scene of their Miranda rights, which was not done during Heniford’s arrest.
“Failure to do so is a fatal flaw,” he said, noting that this decision would be applied the same to a public figure as it would to any John or Jane Doe.
Miranda rights, which are supposed to be read to a defendant upon an arrest, include the right to remain silent, anything you do or say can be used against you in a court of law, the right to have a lawyer present during questioning, and a lawyer will be appointed to you if you can’t afford one.
Humphries said the officers who arrested Heniford are “very fine officers” who rarely make this mistake, but they were dealing with a hectic scene in this case.
According to the police report, North Myrtle Beach officers noticed a silver SUV stopped in the middle of the road about 5:45 p.m. near the southbound S.C. Highway 31 exit onto Robert Edge Parkway. Several vehicles were parked on the shoulder of the road and numerous people were standing next to the driver side door of the SUV, police said.
Dash cam footage from the arrest shows Heniford ask the officer his name several times and fail to follow directions during field sobriety tests.
Heniford tells the officer that she’s an elected official in Horry County, and once he places her under arrest, she tells him that she knows the incident will be “on the front page of the paper.”
After being taken to North Myrtle Beach jail, Heniford refused to consent to a Blood Alcohol Content test and, as a result, her driving privileges in South Carolina were immediately suspended, according to police.
Robert Sutton Jr., a local DUI defense attorney, said lawyers typically advise clients not to submit to a BAC test. It makes cases harder to prove for prosecutors, but not impossible, he said. While a defendant’s license suspension begins immediately upon refusal, it can be reinstated at an administrative hearing.
Sutton, who did not represent Heniford, said there are likely more than 1,000 DUI arrests in Horry County every year, and prosecutors can’t and shouldn’t prosecute every case. Aside from dropping a case, prosecutors can also reduce charges to reckless driving, he said.
“Every DUI case stands and falls on its own facts,” Sutton said.
Heniford submitted a statement to The Sun News after the charges were dropped, noting that when she resigned it wasn’t because of any expected outcome of the case.
“I resigned because I didn’t want my situation to distract from the important work of the Board members in providing excellent education for our children,” she wrote. “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.”
She added that she has no plans at this time with regard to her future in public service.
Heniford, who is also a licensed real estate broker, was first elected to school board in 2014 to represent District 1, which includes most of North Myrtle Beach and part of Myrtle Beach. She was re-elected last year with her second term set to expire in 2022.
The board recently voted to appoint Wyndham Russell Freeman, a Little River pastor, to fill the vacancy until the 2020 general election. Freeman will be sworn into office during Tuesday’s board meeting.
Correction: This story has been corrected to clarify that Sutton did not represent Heniford.
This story was originally published November 19, 2019 at 2:43 PM.
