SUPREME COURT OF ARKANSAS
No. CR 061249
ERIC KEITH HOYLE,
STATE OF ARKANSAS,
Opinion Delivered NOVEMBER 15, 2007
APPEAL FROM THE POLK COUNTY
CIRCUIT COURT; NO. CR 20040103;
HON. JAMES SCOTT HUDSON JR.,
DONALD L. CORBIN, Associate Justice
Appellant Eric Keith Hoyle appeals the order of the Polk County Circuit Court
convicting him of one count of battery in the first degree and two counts of manslaughter.
On appeal, he argues that the trial court erred in: (1) denying hismotion for a directed verdict
on all counts; (2) denying his motion to suppress evidence of chemical test results; (3)
allowing certain expert testimony. This case was certified to us from the Arkansas Court of
Appeals as involving an issue of first impression, a question pertaining to the interpretation
of the federal constitution, and a substantial question of law concerning the interpretation of
an act of theArkansas General Assembly; hence, our jurisdiction is pursuant to Ark. Sup. Ct.
R. 12(b)(1), (3), and (6). We find no error and affirm.
On July 29, 2004, while driving a tractor trailer with a loaded chip hauler attached,
Hoyle crossed the center line and struck an oncoming motor home driven by Hilda Dean.
Hilda and her grandson Gary Dean, a passenger, were killed in the collision, while a third
1 As required by law, notice was given to the Attorney General that Hoyle was challenging the
constitutionality of a state statute. The Attorney General agreed that the prosecutor would be able to handle
any arguments regarding such a challenge.
passenger, Dillon Holbrook, alsoDean’s grandson, was seriously injured. During the course
of investigating the accident, officers believed that Hoyle might have been driving under the
influence of drugs or alcohol at the time of the accident. Hoyle, who was transported by
ambulance to a local hospital, was presented with a consent form to allow authorities to
obtain a b