42 year old Brian Nolan was arrested last Friday night for DWI, after sideswiping another car with his fire company vehicle.

Erie County Sheriffs say Nolan was arrested at his home on Jamison Road in the town of Elma at 10:18 p.m. Friday, April 13th. They say he refused a breathalyzer test.

"The chief has submitted a request for leave of absence. that's been granted," said Mark Butler, attorney for the Jamison Road Volunteer Fire Department. Butler says Nolan immediately surrendered his company vehicle.

"I have always known him to be completely dedicated to the department," said Peter Podoro, Nolan's attorney, "He is embarassed to be in this situation."

Because the town contracts with Jamison Fire Department for service, Nolan's car is taxpayer funded, and it's designated for a specific purpose.

"They're provided so there can be a instantaneous response as possible to have a command officer as early as possible," said Butler.

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