Was proper procedure followed in Assemblyman Kolb’s DWI case? Attorney says “there are issues”

At the start of 2020 Assemblyman Brian Kolb was charged with DWI after a crash near his home in Victor.

The Ontario County Sheriff’s Office report says Kolb had glassy, blood shot eyes, slurred speech, and was unsteady on his feet. However, his attorney says that video taken from four different cameras inside the Ontario County Jail paint a different picture.

“I don’t want to try the case in the press,” Chris Schiano told 13WHAM. He’s the attorney representing Kolb in his case. “Let’s just say there are issues.”

One camera inside the Breath Test Operator room, which is not supposed to be recording, does just that. According to 13WHAM’s reporting, there are upwards of 50 recordings of breath tests that were discovered after Kolb’s arrest.

Sheriff Kevin Henderson said it was something that his office was looking into earlier this year. “It is something we are owning up to. We are not hiding this. We are investigating,” he said of the footage.

Kolb’s attorney says the breath test was not administered properly, and the video shows that. “You follow procedures for a reason: To ensure there’s a valid test,” he told 13WHAM. “If you don’t follow the procedures, it shouldn’t be a valid test.”