State of Missouri ex rel. Willis McCree, Relator v. The Honorable Wesley Dalton

Willis McCree seeks a writ of mandamus to compel the circuit court to dismiss with prejudice McCree's charge of driving while intoxicated. McCree filed a motion under section 577.037.2, 1 arguing that because the chemical analysis demonstrated his blood alcohol concentration was under .08 percent, and the State did not present evidence to prove the dismissal was unwarranted, the charge should be dismissed. The circuit court overruled McCree's motion, and the matter remains set for trial.

McCree has not demonstrated a clear and unequivocal right to the dismissal of his charge because the plain…