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Court Documents Released In New York Minority Leader’s DWI Arrest

ROCHESTER, NY (WXXI) - There’s more information being released about the New Year’s Eve drunken driving charge filed against Assemblyman Brian Kolb.

Kolb, a Republican from Ontario County, had been Assembly Minority Leader since 2009, but announced last week that he was stepping down from the leadership post but would stay in the Assembly. His term runs through this year.

In the court documents just released, an Ontario County deputy says that Kolb told the deputy he had 4 or 5 cocktails at the Erie Grill in Pittsford on New Year's Eve, and then drove to Victor, where his state-owned SUV crashed into a ditch. The incident happened near his home.

The court papers quote a tow truck driver as saying that when he drove up to the accident scene, Kolb stood up and put his hands up and said, “My wife was driving,” and then said, “You know how women drive.”  The tow truck driver said Kolb told him that his wife was in the house.

When the deputy got there, he said that Kolb had glassy, bloodshot eyes, slurred speech,  was unsteady on his feet and said there was a strong odor of alcohol from Kolb’s breath.

The court document also indicated that Kolb’s blood alcohol level was .16%, which is twice the legal limit in New York state.

Kolb is due back in town court in Victor to be arraigned on the misdemeanor DWI charge on Thursday afternoon. He will be arraigned by Penfield Town Justice James Mulley.

Last week, Kolb issued a statement saying he will "always deeply regret" the events of that night.

"On a personal level, I have begun the process of seeking professional help in order to heal, learn, and fully address the challenges that I, along with my family, currently face," he said.

A special prosecutor has been appointed to handle the drunken driving case. Yates County District Attorney Todd Casella has been named to handle the case to avoid any conflict of interest.

Kolb’s lawyer had no immediate comment following the release of the court documents on Tuesday.