State appeals court reverses Forsyth judge’s decision to throw out DWI charge

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FORSYTH COUNTY, N.C. — The N.C. Court of Appeals reversed a Forsyth County judge’s decision to throw out the DWI conviction of a Winston-Salem man who claimed a police officer sat on him and forced him to give a blood sample.

The Winston-Salem Journal reported that Forsyth Superior Court Judge Joseph Turner last year granted a motion to dismiss a misdemeanor DWI charge against Kelvin Deon Wilson of Manly Street.

Wilson had been convicted of the DWI charge in Forsyth District Court in September 2011 but appealed the case to Forsyth Superior Court.

Wilson alleged that Cpl. Richard Necessary of the Winston-Salem Police Department took him to Wake Forest Baptist Medical Center after he was stopped on July 12, 2010.

Wilson went through several field sobriety tests but refused to take a breathalyzer and to provide a blood sample. Wilson again refused to provide a blood sample at the hospital.

Wilson alleged that several police officers and hospital security guards held Wilson down on a hospital bed. Wilson stated in court papers that Necessary then sat on him and pushed his head into a bed while a nurse took his blood.

Read full story: The Winston-Salem Journal.