Update: Defense Counsel and Special Prosecutor Reach Plea Agreement on Carter DUI Cases

(This is an updated version of the Carter Plea Agreement story with several details of the accepted agreement clarified.)

At a motions hearing Wednesday afternoon, October 14th, in Warren County General District Court, Defense Counsel David Hensely and Special Prosecutor Heather Hovermale (Winchester Commonwealth’s Attorney) reached a plea agreement in the Misdemeanor DUI (Driving Under the Influence) cases facing Happy Creek Supervisor Tony Carter. Carter pleaded no contest to the charge of DUI and was found guilty by Judge Michael Helm.

He was fined $1,000, with all but $250 of that on the January 2026 charge suspended. Carter also had his driver’s license suspended for a year. However, under the plea agreement, he will be eligible to use the Interlock system. Interlock allows convicted drivers to drive after they have blown into an alcohol detection device installed in the vehicle they are allowed to drive. Carter was also sentenced to 150 days of incarceration at RSW Jail, all suspended, and mandatory ASAP (Alcohol Safety Action Program) attendance. In addition, he was also sentenced to 12 months of Probation.

The original 2023 DUI charge was amended to Reckless Driving.

According to the hearing rulings, the court imposed a total of 120 days of incarceration at RSW Jail, with all but 10 days suspended on the 2023 charge. Under the plea agreement’s additional conditions, Carter will serve only five of those 10 days, all of which may be served on weekends.

Defense Counsel and Special Prosecutor reach Plea Agreement on Carter DUI cases

It should be noted that the outside Warren County judicial and prosecutorial appointments were made after local officials recused themselves due to personal familiarity from Carter’s lengthy, over 20-year public official’s role as an elected county supervisor.

Carter Apology

Asked for comment following the hearing, Carter told us this:

“Today, I declined to contest, and I accept the verdict of the Warren County General District Court. More importantly, I apologize to my family, as well as my many friends and supporters, for my lapse in judgment.

“Over the next three years, I intend to work hard to deserve the trust that the people of Warren County have consistently placed in me over my last 30 years of public service.

“I will have no further comment regarding this unfortunate incident.”

A file photo of Tony Carter on the campaign trail as an elected County Official who measures his community service in decades.