Can I Be Arrested During a Traffic Stop for a Bench Warrant?

That moment when blue lights flash behind you creates anxiety for any driver. But if you have an outstanding bench warrant, a routine traffic stop can have more serious consequences.

Many people with bench warrants go about their daily lives unaware of the risk they face during routine interactions with law enforcement. Understanding what happens when bench warrants and traffic stops collide can help you avoid unexpected complications.

Will Police Arrest Me for a Bench Warrant During a Traffic Stop?

Yes, officers will arrest you if they discover an active bench warrant during a traffic stop. In Georgia, law enforcement officers are legally required to take you into custody once they confirm you have an outstanding bench warrant—regardless of how minor the original reason for the warrant.

Traffic stops create a perfect opportunity for law enforcement to discover bench warrants because of:

• Routine procedure: Officers almost always check your license during traffic stops
• Immediate verification: Police have instant access to the Georgia Crime Information Center (GCIC) database from their patrol vehicles
• Legal obligation: Once an officer confirms a bench warrant, they must make an arrest

Unlike other types of warrants where police might actively search for you, bench warrants typically result in what law enforcement calls “passive enforcement”—they wait until you have contact with the legal system. Traffic stops are the most common form of this contact.

What Happens If You’re Arrested on a Bench Warrant During a Traffic Stop?

If you’re pulled over and the officer discovers you have an outstanding bench warrant, here’s what typically happens:

• Immediate detention: The officer will inform you about the warrant and place you under arrest
• Vehicle concerns: Your vehicle may be:
  • Released to a passenger with a valid license
  • Towed at your expense
  • Impounded in some situations
• Transport to jail: You’ll be taken to the local county jail
• Booking process: You’ll undergo the standard booking procedures (fingerprinting, photographs, etc.)
• Detention until court: You’ll remain in custody until:
  • You post bond (if bond is set on the warrant)
  • You appear before a judge
  • The warrant is cleared through other means

In most cases, you’ll remain in jail until you can see a judge. This could mean spending weeks in jail if you’re arrested outside of regular court hours.

What Causes a Bench Warrant

Bench warrants occur when you miss court. Missing court can happen for a number of reasons, you may not have updated your address, the clerk may not have sent the notice of court, or maybe USPS lost your notice. But, for whatever reason, a bench warrant can seriously derail your life!

How to Check If You Have an Outstanding Bench Warrant

To avoid the surprise and embarrassment of being arrested during a traffic stop, you should regularly check if you have any outstanding warrants. Here’s how:

• Contact the clerk of court: Call or visit the clerk’s office in the county where you might have a warrant
• Consult with an attorney: A criminal defense attorney can check for warrants on your behalf
• Check with the sheriff: Some county sheriff offices will tell you whether or not you have a warrant, whereas others will not for fear you will flee.

Be aware that checking for warrants yourself by contacting law enforcement could potentially lead to your arrest if a warrant exists.

What to Do If You Discover You Have a Bench Warrant

If you find out you have an outstanding bench warrant, take immediate action to address it before you’re arrested during a traffic stop:

• Contact an attorney: A qualified criminal defense lawyer can help you navigate the process of addressing the warrant
• File a motion to vacate the bench warrant: Your attorney can file a motion to vacate the bench warrant
• Arrange for surrender: In some cases, a controlled surrender with your attorney present is preferable to being arrested unexpectedly
• Prepare for a bond hearing: Your attorney can help arrange for a bond so you don’t have to stay in jail while your case is pending

Taking proactive steps can often lead to better outcomes than being arrested during a traffic stop.

Frequently Asked Questions

Can I avoid arrest by explaining the warrant to the officer?

No. Once an officer confirms you have an active bench warrant, they are legally required to arrest you. Explanations about why the warrant exists or promises to handle it later will not prevent the arrest.

Will the officer know about my bench warrant from another county?

Yes. Georgia’s statewide database allows officers to see warrants from all Georgia counties. Even if your bench warrant was issued in a different county, you can still be arrested during a traffic stop anywhere in Georgia.

Can a passenger drive my car away if I’m arrested?

Generally, yes—if the passenger has a valid driver’s license and you give permission. Otherwise, your vehicle will likely be towed at your expense.

How long will I stay in jail after a bench warrant arrest?

It depends on several factors:

• Whether a bond is set on the warrant
• When court sessions are held (it can be weeks before a court date is set)
• The severity of the underlying charge
• The county where you’re detained

Without bond, you may remain in jail until you can appear before a judge.

Will a bench warrant show up on a background check?

They can. Bench warrants can appear on criminal background checks, which can affect employment opportunities, housing applications, and other important aspects of your life. However, it depends on what type of background check is being run.

Clearing Your Bench Warrant Starts Here

At J. Ryan Brown Law, we understand the stress and disruption that can result from being arrested on a bench warrant during a traffic stop.

Don’t wait until you’re facing arrest during a traffic stop. If you suspect you might have an outstanding bench warrant or have recently missed a court date, contact us immediately to take proactive steps.

Contact J. Ryan Brown Law today for a confidential consultation about your bench warrant concerns. We’ll help you understand your options and develop a strategy to resolve your warrant with minimal disruption to your life.