A special prosecutor has been appointed to oversee the New Year's Eve DWI case of Assembly Minority Leader Brian Kolb.

A special prosecutor has been appointed to oversee the DWI case of Assembly Minority Leader Brian Kolb.

Yates County District Attorney Todd Casella is the special prosecutor in the case, Ontario County District Attorney Jim Ritts confirmed to news partner, News10NBC.

Kolb was arrested New Year's Eve and charged with DWI near his home in Victor.

Casella was elected district attorney in 2017. He was previously an assistant district attorney in Steuben County.

Ritts, who said he was alerted to Kolb's arrest at about 6 a.m. on New Year's Day, promised his office would ensure Kolb's case would be handled impartially.

"I think it's really important for the residents of Ontario County, as well as the assembly district, to be able to look at this and say this was treated appropriately," he said. "We will have a special prosecutor and my anticipation is the courts will make sure there is a judge who is assigned to oversee this to make sure that everything is beyond reproach."

Here are details on Kolb's case.

Ontario County Sheriff Kevin Henderson reported that, at about 10:30 p.m. on Tuesday, a driver called 911 about a vehicle crashed into a ditch on County Route 41 in Victor and it was there, just outside Kolb's home that a deputy found Kolb in his state-issued GMC Arcadia SUV.

"He administered field sobriety tests," Henderson said. "He was unable to pass those tests, and at that time, the deputy did place Mr. Kolb under arrest for driving while intoxicated."

A later breath test at the Ontario County Jail revealed a blood alcohol level over .08%, Henderson said. Kolb was booked on charges of misdemeanor DWI and a traffic violation, making an unsafe turn.

A contrite Kolb declined interview requests but reached out in an emailed message that said, in part:

"This was a terrible lapse in judgment, one I have urged others not to make, and I take full responsibility for it. I want to offer sincere apologies to my family, friends, colleagues, and the people of the 131st Assembly District. I fully recognize the severity of the situation, and I am profoundly sorry. There is no excuse and no justification for what occurred Tuesday evening. I made the wrong decision, and it is one I deeply regret."