Nightengale v. Director of Revenue

ULRICH, Judge.

The Director of Revenue, State of Missouri, appeals from the trial court’s judgment ordering the reinstatement of the driving privileges of Barbara M. Nighten-gale after judicial review of her refusal to submit to chemical testing pursuant to section 577.041. 1 The Director contends that the out-of-court statements of the arresting officer that Ms. Nightengale “possibly” operated a motor vehicle while intoxicated made to the testifying police officer, who did not observe Ms. Nightengale drive a motor vehicle, should have been admitted to establish that the testifying officer had…