The Honorable Wesley Dalton Missouri Cases

Willis McCree sought a writ of mandamus to compel the circuit court to dismiss his driving while intoxicated charge, arguing that his blood alcohol concentration was below .08 percent and the State failed to present evidence to prevent dismissal under section 577.037.2. The circuit court had overruled his motion to dismiss. The Supreme Court quashed its preliminary writ of mandamus, holding that section 577.037.2 does not require a pretrial hearing or determination, and the circuit court has discretion to defer ruling on such a motion until trial. Therefore, McCree did not demonstrate a clear and unequivocal right to dismissal.