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

The Issue

On June 1, 2024, my 17-year-old son, Clayton “Boo” Emerson, was killed in a car crash in Gainesville, Florida. The driver failed to yield, causing the collision that ended my son’s life.

Despite the driver’s negligence — and despite a public record of prior drug-related convictions — he was never tested for alcohol or drugs at the scene. No breathalyzer. No blood test. Nothing.

Clayton wasn’t just my son. He was a kind, vibrant young man who loved fishing, late-night talks, and making people laugh. At 17, he dreamed of joining the U.S. Marine Corps. He had his whole future ahead of him — until it was stolen that day.

The Problem
This wasn’t an oversight. It was the result of a legal loophole. Current Florida law only requires toxicology testing in fatal crashes if there is “probable cause” of impairment. But many impairing substances leave no outward signs. That means drivers can cause fatal crashes through negligence — and never be tested. Families are left in the dark, justice goes unserved, and potentially impaired drivers face no accountability.

The Solution: Clayton’s Law
Clayton’s Law will close this loophole and ensure that negligence resulting in a fatal crash triggers toxicology testing. It will:

• Require testing in every fatal crash involving negligence.
• Ensure results are shared with victims’ families.
• Provide funding for counties that cannot afford testing.
• Establish clear statewide protocols for when and how testing is conducted.

Clayton’s Law protects constitutional rights. It doesn’t allow random or baseless testing. It simply defines negligence causing death as probable cause.

My son’s life was worth more than a citation.

No more silence. No more selective testing. No more excuses.

Please sign this petition in honor of Clayton — to bring truth, accountability, and justice to grieving families and to protect every Floridian from being left without answers.

— Kelli Boyd Newberry, Mother of Clayton “Boo” Emerson