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Kolb DWI case back in courts next month, attorney outlines plan to contest breathalyzer accuracy

The DWI case involving former New York State Assemblyman Brian Kolb is set to resume in May. There have been delays of nearly eight months.

A hearing was scheduled for last fall, but ultimately cancelled due to COVID-19, like most other court action. At this point, the next appearance is scheduled for May 6 in Victor Town Court.


Kolb was found to have a BAC of 0.16% after driving his state-issued vehicle off the road near his home. There were no injuries in the incident and he admitted to having four or five drinks at an establishment in Pittsford.

According to the Finger Lakes Times, Kolb’s attorney, Christopher Schiano, plans to contest the accuracy of the breathalyzer. He also wants to have Kolb’s statements to police — including the initial contact at his home — suppressed.

He resigned as majority leader of the assembly and did not seek re-election.



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