WINONA, Minn. (WCCO) — A driver apparently didn’t learn his lesson the first time, because police say they pulled him over twice in two hours for driving while intoxicated.

The incidents happened Friday in Winona.

Police said they stopped 41-year-old Larry Payne near a bar at 1:30 a.m. and determined his blood alcohol level to be above the legal limit.

Payne was arrested, cited and released.

However, police spotted Payne driving a different car two hours later.

The same officer who apprehended him the first time knew Payne hadn’t had enough time to sober up, and arrested him a second time.

Comments (20)
  1. There ya go thinking up North says:

    and he let him off the first time… why? Was he someone of importance and they let him go thinking he would go home? Did they call anyone to come get him? Haul him to jail like most DWI’s?
    Cop will have to explain that one. Love to hear it.

    1. Chuck says:

      Who says that he was “let off”?
      I am sure they impounded his car and thererore was driving a different vehicle the second time… also see the following post, as it is normal procedure, but this guy pushed it.

  2. Ron says:

    Why was the guy released before he was sober? I do not kn ow who the bigger idiot is the guy or the Police?

    Yes I do……the Police!

    You Drink, You Drive, You Die! Not here we give you more opportunity to kill yourself or others.

    1. Law is the law - get it changed says:

      You can be intoxicated and if you were clean previously, have someone to bail you out/pick you up ……. off you go provided no priors.
      Everyone screams for “rights” and begs that the drunken laws are unjust …. “I was barely over officer” – “I only had 2” ….yada yada.
      He should NOT have been cut loose but them there are the laws boys and girls. And before we go yapping about the “dirt balls” and low life types – more likely than not the reason they are done as they are is the well heeled folks who legal up immediately and toss suits at the system continually are the reason. The real low life sit in a cell as they have not the means nor way to get around it.
      yep-it sucks. I been sober for 35 years now and was one who worked this system waaay back then. 2 within 3 hours was my personal best. And why I stopped. Thank God I never hurt anyone …….

    2. SD says:

      Learn the laws before you make comments that you know nothing about the police did anything wrong. If it is your first DWI is a Misdemeanor so you are booked and released with a court date, there are only a few misdemeanors that you can be held on. You licenses will be revoked for the first time and the car will be towed but that is it. It is not the jails responsibility to make sure everyone is sober before they walk out the doors unless you want to violate people’s civil rights by holding them 12 hours past the time they should have been released.

  3. DougT says:

    If nothing else, I would say this poor fellow has problems with alcohol. This is how he reacts to the world – especially stress. He needs help and now he may well be getting it.

    But the first line of this article is just condescending and for the low brow. Really – sounds like the old school marm (lot of that going around now – reminds me of Garrison K)

    Its a sad story – and to treat it so soporifically is a bit camp


    1. Albert says:

      I see the right wing PC Police are out in force. First line condescending, give me a break Sad story, hardly. Personal responsibility and own up to your actions

      1. Perps abound says:

        So how much ya wanna snowballs of course to remain legal …. that he gets more time for a camera than Amy Senser gets for taking a life ?
        BTW…and funny but I did not see any reference here (wink-wink and wonders why? lol) that Ms Amy Senser again received another postponement until mid-January, 2012 on her hearing. And that good ol’ Judge Peterson also has a cease order on any civil gathering of info until after the criminal is done….. imagine that now. A life is not worth a damn thing evidently unless it is white, rich, well connected it seems. Way to go Judicial System and political schmucks…. your true colors are showing up well. 😉
        She deserves jail time like everyone else and Judge Peterson needs to friggen go. Didn’t realize he could be had so easy…….sad



  5. markH says:

    Drivers arrested for drunken driving should have their vehicle impounded and be held in jail until they make their initial court appearance before a judge. We are not safe as long as our idiot laws allow a criminal (and yes, driving while intoxicated is a criminal offense) is allowed to go free before seeing the inside of a courtroom.

    1. dunno says:

      MMMMMMMMMMMMMMMMMMMM. The car was impounded. He was released. He secured a different vehicle and drove off.
      You can arrest a dude but if the law says he gets out he gets out. You cannot control an idiot. You cannot control a drunk idiot. You cannot control who gets drunk either.
      I am in agreement on the being held until a hearing …. kinda. I also sometimes question the analyzers too. Other than the alcohol in a mouthwash none has touched my lips for years – but I once was stopped after picking up some loaded buddies from a bar and blew an illegal reading. Thankfully the officer allowed me to also do the rest of the field sobriety measures and I was fine. This was years back – maybe they have improved the gadgets now.
      Tough call – if one is marginal and arrested say on a Friday eve – should he/she be locked up until Monday for this? I am mixed I guess. But an overnight in a cell – ya betcha. 😉

      1. Reasearch says:

        The real reading is the much more sophisticated machine at the station. The road reading is really just an indicator. And yes they are still messed up. I’ve heard the opposite more recently of people being intoxicated and a very low reading comes out. Or a 0.00 comes out. I say keep the punishment the same for the .10-.14 area. If you get a 2nd or more, severe punishment. Like current laws X5. Doug T says alcoholism is a problem and what not. Cool, but it’s not an excuse for anything.

        1. Albert says:

          If the person had no priors this case is just as likely to be a case of extremely poor judgement as alcoholism. That he was picked up a second time two hours later would lead to the possibility that he was very drunk the first time and the alcohol hadn’t cleared his system or the booking process is very fast, his ride picked him up in a moment’s notice and he hit it hard. All of this is as likely to be poor judgement as alcoholism

  6. Kyle says:

    I love Winona, such hicks!

  7. pretzeldude says:

    I was a Police Officer for 31 years. I NEVER released a drunk driver for this very reason. ALL of them need to be locked up.
    I can tell you that I personally arrested at least 500 DUI drivers.

    1. The REAL, real Jake says:

      Sounds like a case of over enforcement to me. How many times did you pull the person over using “Poaching” methods? You know; head light out? Item hanging from a rear view mirror? Not from demonstrating that they were not able to control their vehicle. And spare me the”But I could have prevented an accident” argument! No one can predict with certainty or even a high degree of probability a future outcome at any moment. If thats the case how many times did you spend patrolling business areas to “prevent” a burglary ( a real economic loss) compared to hours waiting to catch a DUI? (A profit center for lawyers, courts and officer overtime particularly when the stop is done near the end of your shift.). Oh yes you were so egalitarian and selfless I’m sure.

      1. MN Cop says:

        Welll you see Jake. We cops are smart enough to target our patrol areas during certain times of the day and night. 11pm to 2am is prime time for drunk drivers. Later is prime time for burglers. I can say that the cars I have stopped for minor equipment violations that turned out to be DWI have a good potential to save lives.

  8. can't live says:

    Excuse my language in the following statement: Dxxx it, go to Hxxx, I walk home for pete sakes, why would a drunk pedestrian be put in detox / hospital just for walking? Why are there too many drunk drivers just getting in everybodys way?

  9. MN Cop says:

    I cannot believe that any agency still releases a drunk driver after booking…my agency practices the “blow and go” method. A first time offender is not held for court and released with a ticket, AFTER he blows .020, no exceptions. Second and subsequent violations within the 10 year window are held for court.

    This really floors me. I mean what if he would have hit and killed somebody???!!! Not only would it be a tragedy for the family and community, the city of Winona would be paying up the a$$ for years. This is just plain inexcusable.

    1. Obv. says:

      Wow you know nothing, when blowing .20 or higher you must bailout or see a judge, care to prove me wrong? Stop being a fake cop it’s annoying.

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