Deputy Albany County Executive Michael McLaughlin Jr. is asking for a special prosecutor to handle his drunk driving case.

McLaughlin was pulled over by a State Police trooper on Wolf Road on May 1 for allegedly moving out of his lane. He had been coming from Ruth’s Chris Steakhouse and had four Fiddle Head IPAs with dinner, court records showed. He failed field sobriety tests and refused to take a breath test.

His attorney, Kevin O’Brien, tells NewsChannel 13 that they are seeking a special prosecutor because of what he called animosity between McLauglin’s boss, County Executive Dan McCoy, and Albany County District Attorney David Soares.

McCoy has endorsed defense attorney Lee Kindlon in the Democratic primary.

O’Brien said all he and his client is looking for is a “fair and unbiased prosecutor.”

“We don’t feel that David Soares’s office can do that because of the DA’s comments and clear animosity towards Mr. McCoy’s office,” he said.