Assemblyman Brian Kolb is scheduled to appear in court later this week in connection with his DWI arrest on New Year's Eve. 

New court paperwork reveals where he was that night, how much he had to drink and what happened during an exchange between Kolb and a tow truck driver.

Kolb was arrested New Year's Eve after his state-issued SUV was found in a ditch near his home on County Road 41 in Victor. 

According to court documents, Kolb's blood-alcohol level was double the legal limit at 0.16. 

The documents go on to say he told the arresting officer that he had four or five cocktails at Erie Grill in Pittsford and drove his car from the restaurant to the spot he crashed. Before the officer arrived at the scene, an employee with AAA was called.

While the employee never names Kolb, he does say when he arrived at the scene the man standing outside the vehicle immediately put his hands up and said, "My wife was driving, you know how women drive." He then told the employee his wife had gone into the house. 

That's when the AAA employee called police. Officers described Kolb as having glassy bloodshot eyes, slurred speech, strong alcohol odor and being unsteady on his feet.  

On Friday, Kolb announced that he was resigning from his position as Assembly Minority Leader. He is scheduled to appear in Victor Town Court on Thursday to answer to the DWI charge, as well as other traffic violations.

The case has been appointed to Yates County District Attorney Todd Casella because of a conflict of interest with Ontario County District Attorney Jim Ritts. 

Judge James Mulley, Town Court Justice in Penfield, has been temporarily assigned to hear the case in  Victor Town Court.

The full court documentation on Kolb's case can be found below: