A Fatal Crash Took My Son. Florida Law Let The Driver Go Untested.

Recent signers:
Barbara Phillips and 19 others have signed recently.

The Issue

On June 1, 2024, my 17-year-old son, Clayton “Boo” Emerson, was killed in a traffic crash in Gainesville, Florida. When a child dies, families should be able to trust that every appropriate investigative and legal review will be conducted, including a full evaluation of whether any criminal statutes apply. That did not happen here. Despite the fatal nature of the crash, no toxicology testing was conducted on the surviving driver at the scene. There was no breathalyzer. No blood draw. No drug testing of any kind. As a result, critical evidence that could never be recovered was lost, and my family was left without answers. Because of the gaps and delays in the initial investigation, this petition respectfully calls for an independent criminal review of the circumstances surrounding Clayton’s death. This request does not presume an outcome. It asks only that the facts be reviewed impartially, that all applicable criminal statutes be evaluated, and that any decisions be made based on a complete and accurate record. This case also exposes a broader problem in Florida law. Under current statutes, toxicology testing in fatal crashes is generally required only when law enforcement determines there is probable cause to suspect impairment. However, many impairing substances, including certain prescription medications, synthetic substances, and other intoxicants, may not present obvious outward signs. As a result, fatal crashes involving negligence can go completely untested, leaving families without clarity and undermining public confidence in the investigative process. Clayton was not just my son. He was a vibrant, kind-hearted 17-year-old who lit up every room he entered. He loved fishing, late-night conversations, and making people laugh with his quick wit. He dreamed of joining the United States Marine Corps after graduation, serving his country with the same courage and determination he showed in his life. The world lost a bright light that day. I lost my child, my friend, and my heart. Clayton’s Law seeks to close this dangerous gap by: • Requiring toxicology testing after fatal crashes involving negligence • Ensuring test results are made available to victims’ families • Providing funding support for counties that cannot afford testing • Establishing clear, statewide protocols for when and how testing must occur Clayton’s Law respects constitutional rights. It does not allow random or baseless testing. Instead, it clarifies that negligence resulting in a death establishes sufficient cause for toxicology testing, balancing due process with accountability. My son’s life was worth more than a citation. No more silence. No more selective testing. No more families left in the dark. Please sign this petition to call for an independent criminal review in Clayton’s case and to support meaningful reform so that no other family has to fight for answers after losing a child. — Kelli Boyd Newberry, Florida Mother of Clayton “Boo” Emerson

25,074

Recent signers:
Barbara Phillips and 19 others have signed recently.

The Issue

On June 1, 2024, my 17-year-old son, Clayton “Boo” Emerson, was killed in a traffic crash in Gainesville, Florida. When a child dies, families should be able to trust that every appropriate investigative and legal review will be conducted, including a full evaluation of whether any criminal statutes apply. That did not happen here. Despite the fatal nature of the crash, no toxicology testing was conducted on the surviving driver at the scene. There was no breathalyzer. No blood draw. No drug testing of any kind. As a result, critical evidence that could never be recovered was lost, and my family was left without answers. Because of the gaps and delays in the initial investigation, this petition respectfully calls for an independent criminal review of the circumstances surrounding Clayton’s death. This request does not presume an outcome. It asks only that the facts be reviewed impartially, that all applicable criminal statutes be evaluated, and that any decisions be made based on a complete and accurate record. This case also exposes a broader problem in Florida law. Under current statutes, toxicology testing in fatal crashes is generally required only when law enforcement determines there is probable cause to suspect impairment. However, many impairing substances, including certain prescription medications, synthetic substances, and other intoxicants, may not present obvious outward signs. As a result, fatal crashes involving negligence can go completely untested, leaving families without clarity and undermining public confidence in the investigative process. Clayton was not just my son. He was a vibrant, kind-hearted 17-year-old who lit up every room he entered. He loved fishing, late-night conversations, and making people laugh with his quick wit. He dreamed of joining the United States Marine Corps after graduation, serving his country with the same courage and determination he showed in his life. The world lost a bright light that day. I lost my child, my friend, and my heart. Clayton’s Law seeks to close this dangerous gap by: • Requiring toxicology testing after fatal crashes involving negligence • Ensuring test results are made available to victims’ families • Providing funding support for counties that cannot afford testing • Establishing clear, statewide protocols for when and how testing must occur Clayton’s Law respects constitutional rights. It does not allow random or baseless testing. Instead, it clarifies that negligence resulting in a death establishes sufficient cause for toxicology testing, balancing due process with accountability. My son’s life was worth more than a citation. No more silence. No more selective testing. No more families left in the dark. Please sign this petition to call for an independent criminal review in Clayton’s case and to support meaningful reform so that no other family has to fight for answers after losing a child. — Kelli Boyd Newberry, Florida Mother of Clayton “Boo” Emerson
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25,074


The Decision Makers

Ron DeSantis
Florida Governor
Ashley Moody
U.S. Senate - Florida
Florida State Senate
2 Members
Colleen Burton
Florida State Senate - District 12
Jennifer Bradley
Florida State Senate - District 6
Clay Yarborough
Former State House of Representatives - Florida-12

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