No DWI Pretrial Diversion For You!

The rumor around the Harris County Courthouse is that Judge Bill Harmon, presiding judge of Harris County Criminal Court at Law #2, is going to say "NO" to any Harris County District Attorney's Office DWI Pretrial Diversion program in his court.  That creates several issues.  First, who will be the first Houston DWI lawyer to seek a recusal of Judge Harmon based on this position?  Second, will the District Attorney's Office oppose the recusal since it is their program?  Third, will an appellate court rule that a pretrial diversion is within the range of punishment for a Class "B" DWI? I am looking forward to seeing the road this program travels as it takes off this month.