State ex rel. McCree v. Honorable Wesley DaltonAnnotate this Case
The Supreme Court quashed its preliminary writ of mandamus to compel the circuit court to dismiss with prejudice Relator’s charge of driving while intoxicated, holding that Relator did not demonstrate a clear and unequivocal right to the dismissal of his charge because the plain language of Mo. Rev. Stat. 577.037.2 does not require a pretrial hearing or pretrial determination on the motion.
Relator filed a motion under section 577.037.2 asserting that because the chemical analysis demonstrated that his blood alcohol concentration was under the legal limit, and because the State did not present evidence to prove the dismissal was unwarranted, the charge should be dismissed. The circuit court overruled the motion. Relator then sought a writ of mandamus. The Supreme Court quashed its preliminary writ of mandamus, holding (1) a pretrial hearing or pretrial determination on the section 577.037.2 motion is not required; (2) the circuit court has discretion to order that a hearing and determination on the motion be deferred until trial; and (3) because the circuit court’s overruling of the motion effectively deferred the matter until trial, Relator could seek relief on appeal.