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

At a motion 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 an amended charge of Reckless Driving that could involve alcohol and was ruled guilty by Judge Michael Helm.

Coupled with the agreed-upon pleas on the other DUI case and a Probation Violation charge stemming from Carter’s second DUI charge (January 2026) coming while he was still on probation from the first one (December 2023), Carter faced sentencing at multiple levels. As we understood the hearing rulings, he had a total of 120 days of incarceration at RSW Jail imposed, with all but 10 days suspended. And with further conditions in the plea agreement, Carter will be required to serve only five of those days, all of which may be served on weekends.

He was also fined $1,000, with all but $250 of that suspended. Carter also had his driver’s license suspended for a year. However, per the plea agreements, he will be eligible for access to 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.

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

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 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.