A Forsyth County, North Carolina woman may have her conviction for DWI overturned due to a police officer texting from the witness stand as her trial commenced.  After someone noticed the activity, it was alleged that the police officer was texting the prosecutor while testifying.

The defense attorney is appealing the woman’s conviction and has filed a motion for such relief.  The prosecuting attorney has acknowledged the request and has decided to look further into the situation.

If it is determined that the police officer was texting the prosecution, this would likely be a disciplinary issue for the police officer, as well as a possible ethical violation for the prosecution.  Such activity acts to prejudice the defense of a person who has been charged with a DWI.