FLORIDA — When Kelli Boyd wants to visit with her 17-year-old son Clayton, she now goes to the Micanopy Historic Cemetery near her Gainesville home.
Last year, Clayton was killed after he collided with a car while out riding his motorcycle with friends.
According to a Gainesville police investigation report Boyd provided us, Clayton was pronounced dead at the scene. He died of blunt force trauma.
Nearly 15 months after saying goodbye to the boy she called "Boo," Boyd is hoping her son’s death will lead to a change in state law mandating toxicology tests in fatal crashes where negligence played a role.
She calls it ‘Clayton’s Law.” A petition she recently posted online has more than 20-thousand signatures.
“What I am trying to do with Clayton's law is, whenever a fatality occurs where negligence is involved, it closes that gap so no other parent will have to live with the questions that I do. I still lay awake at night asking what happened? Was the person impaired? I will never have those questions answered,” she said.
Currently, Florida law leaves toxicology testing up to an officer’s discretion.
In the crash that killed Clayton, he was drug tested as part of his autopsy but the other driver, who has convictions for selling and possessing cocaine, walked away.
According to the responding officer, the driver “did not appear to have any signs of slurred speech or loss of balance.” There was “no odor of alcohol or illegal substances and his eyes “appeared to be clear with normal pupil dilation,” according to the investigation report.
“That’s why I'm really trying to fight for this, so everybody has equal rights under this law,” said Boyd.“Every investigation would be handled the same way, right now they're not.Some have toxicology screening, others don't,” she said.
Tim Cornelius leads statewide training for Florida’s estimated 350 drug recognition experts.
He says even the most basic police training is typically enough for officers to spot the signs of drug or alcohol impairment.
“In most cases, it's pretty obvious that they're impaired,” Cornelius explained.
While he supports mandatory testing in fatal crashes, changing the law will likely be an uphill battle since the 4th Amendment of the U.S. Constitution protects citizens from unlawful search and seizures without probable cause, explains Paul Figueroa, a Tampa criminal defense attorney.
“Without having a reason to ask for that search and seizure, we diminish the rights of all the citizens that are around us, and we start infringing on our own rights. That’s something that just wouldn't fit within the confines of the Constitution,” Figueroa explained.
The Gainesville Police Department (GPD) stands by its officer’s decision not to pursue a toxicology test on the other driver.
In an email, a spokesperson for GPD stated that its agency had 12 officers at the scene of the crash.
“At no point did any responding personnel express concerns that the driver exhibited signs of impairment,” the email stated.
While Clayton’s speed was considered a factor in the crash, Gainesville police recently charged the other driver with failure to yield, a minor traffic infraction punishable by a fine.
“Basically, my son's life has been reduced to $159 citation,” Boyd said.
For Boyd, it’s another reason to keep fighting.
She knows change will be tough, maybe even impossible, but tell that to any mother who lost a child and still seeking answers why.
“I feel like this is my last act of love for him, you know,” she said.
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Katie LaGrone focuses on making sure Florida’s laws actually work and her investigations have gotten results. If you know of a policy or law that’s not working how it’s intended, send Katie a message below.
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