Former Gregg County Assistant District Attorney David Ross Hagan will avoid trial and a record for a drunken driving arrest through what’s known as a pre-trial diversion program.

Hagan, 29, was arrested in April by Texas Department of Public Safety troopers on U.S. 259 north of Longview on the misdemeanor charge of drunken driving. It was his first offense.

Brett Harrison, a Tyler attorney who previously worked in the Smith County District Attorney’s Office, was named prosecutor in the case after Gregg County District Attorney Tom Watson asked the court to appoint an attorney to oversee the case and avoid a conflict of interest.

The Aug. 30 pre-trial diversion agreement requires Hagan to remain alcohol free, attend Alcoholics Anonymous meetings, submit to drug and alcohol testing and other conditions for one year. If he successfully completes the program, he will not have a record. If he does not successfully complete the program, the diversion agreement includes the stipulation that he has waived his right to a jury trial and he will be sentenced, Harrison said.

Harrison said many counties have pre-trial diversion programs, and it’s commonly used for first-time, nonviolent offenders.

“I’m a big believer in the pre-trial diversion program for nonviolent offenders,” he said.

“I think it’s a really great way to still hold somebody accountable,” while allowing them to make positive changes, he said. “I think a first-time offender sometimes can use a little bit of grace, a little bit of second chance.”

Hagan resigned from the district attorney’s office after his arrest. The conditions of his pre-trial diversion agreement do not prevent him from practicing law. A phone call to Hagan’s attorney Richard Hurlburt was not immediately returned on Thursday.