New York Assemblyman Brian Kolb, who tested at twice the legal alcohol limit after a New Year’s Eve crash, initially blamed the accident on his wife, according to court papers.

AAA worker Michael T. Scoville told authorities he got a request for help at about 9:50 p.m. New Year’s Eve. He showed up on Boughton Hill Road in Victor to find an SUV down an embankment, about 100 feet from the lawmaker’s driveway. He said he saw a man emerge from the SUV with his hands up, according to court papers.

“My wife was driving!” Kolb told Scoville, the documents show. “You know how women drive,” Kolb added.

The state-owned vehicle was against a utility guide wire, prompting the AAA worker to call 911. Scoville also said Kolb was the only person at the 2018 GMC.

By the time an Ontario County deputy showed up, Kolb changed his story, according to court papers.

Kolb, a Republican who was first elected to the Assembly in 2000, told the deputy he’d had four to five cocktails at the Erie Grill, a Pittsford restaurant. Kolb then said he was the one driving, according to Deputy Ian C. Hall’s sworn statement.

Hall described Kolb as having glassy, bloodshot eyes, slurred speech and a strong odor of alcoholic beverage coming from his breath, according to court papers. The lawmaker said he hadn’t had anything else to drink after the crash, and he agreed to a chemical test of his breath.

At 11:33 p.m. New Year’s Eve, Kolb had a 0.16% blood-alcohol count, according to the court papers. The legal limit is 0.08%.

Kolb, 67, of Victor, was charged with misdemeanor driving while intoxicated. His arraignment is scheduled for 12:30 p.m. Thursday, a day after Gov. Andrew Cuomo’s State of the State message in Albany.

Kolb’s lawyer, Christopher Schiano, said his client was being treated like any other citizen. Schiano said he expected the court appearance to last five to 10 minutes.

A special prosecutor, Yates County District Attorney Todd Casella, has been appointed to the case to avoid a conflict of interest. The Ontario County district attorney has jurisdiction within the 131st Assembly District, which Kolb represents. Town Justice James Mulley, of Penfield, will hear the case.

Kolb has stepped down as minority leader in the New York State Assembly. He’s called the incident a “terrible lapse in judgment.”

“I fully recognize the severity of the situation and I am profoundly sorry,” he said. "There is no excuse and no justification for what occurred Tuesday evening. I made the wrong decision, and it is one I deeply regret.”

Assemblyman Will Barclay, R-Pulaski, was elected today to replace Kolb as minority leader.

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