Charges against Roger Thompson, arrested April 13 for DUII in California, have been dropped, the Department of California Highway Patrol announced in a letter this week.

The incident is now considered to be a “detention,” rather than an arrest and won’t be reflected on his record.

“It’s over with,” Thompson said. “It’s struck from all their records.”

“The case was presented to the Del Norte County District Attorney’s Office for review and prosecution,” the letter reads. “After careful review, the district attorney’s office determined that prosecution in this matter will not be sought. ...the highway patrol has received the district attorney’s determination and will no longer pursue any further action in the matter.”

Thompson said he believes charges were dropped because while his roadside blood-alcohol content was .09, by the time law enforcement got him to the Del Norte County Jail in Crescent City jail some 45 minutes later, it had fallen to .06, below the legal limit for intoxication‚ .08 — in both California and Oregon.

Shortly after the incident, Thompson resigned his seats on both the Brookings City Council and Port of Brookings Harbor.

Del Norte District Attorney Katie Micks said what political seats Thompson held in Curry County held no sway in her decision to not pursue prosecution.

“I reviewed the report from highway patrol like I would for anyone else,” she said. “We were unable to prove the case without any reasonable doubt, because of his low blood-alcohol level and lack of driving pattern to indicate he was driving under the influence.”

“I wish I hadn’t resigned,” Thompson said, adding he doesn’t know if he’d want to take back his city council seat. The council has until May 14 to accept his resignation.

The port was set to replace Thompson at a special meeting Friday, but Commissioner Roy Davis has said he won’t attend any upcoming meetings until after the recall election (for Commissioners Angi Christian and Jan Barbas) on May 29. Without a quorum, the port can conduct little business — notably signing checks or replacing Thompson and Andy Martin, who was also facing recall and resigned his seat.

If Christian and Barbas can’t appoint anyone to the vacant seats, the responsibility falls to the Curry County Board of Commissioners.

Brookings City Council will have 60 days after it accepts Thompson’s resignation and declares the seat vacant to appoint a replacement. Councilors also decide how they want to do it.

“In the past, they’ve taken applications,” said City Manager Gary Milliman. “They can pick someone that night. It’s entirely up to them what process they follow.”