Kelli Boyd started an online petition to change Florida law after her son was killed in a crash. Now, other parents are showing support.
GAINESVILLE, Fla. — The smile on Clayton Emerson’s face could light up a room.
“Everybody loved him. My family loved him. He was just exuberant. Everybody that knew him loved him,” said Kelli Boyd, Clayton’s mom.
Photos are now all that Kelli has left.
“I recall every detail from that day vividly. I had just washed his clothes. He was getting ready to go out later that evening — it was near graduation time. He left with a bunch of friends, and I remember our chat. He wanted me to run my fingers through his hair since he adored his thick, beautiful hair. So yes, I remember everything from that day,” Boyd shared.
A police report indicated that on June 1, 2024, there was a collision involving a truck and a motorcycle. Unfortunately, Clayton, who was on the motorcycle, did not survive the crash.
“They asked if I was Clayton Emerson’s mother, and I confirmed. They informed me there had been an accident. My immediate question was where I could see him, and that’s when they told me he had passed away,” Boyd recounted.
The report mentioned that Clayton’s speed contributed to the incident, but it highlighted that the truck driver turned into the path of oncoming vehicles. The driver received a citation for failing to yield.
The report also noted that the driver didn’t exhibit slurred speech or coordination problems, and “no illegal substances were found.” Still, no toxicology or breathalyzer test was administered.
That, Kelli says, is the problem.
“Cocaine or synthetic drugs don’t have a detectable odor. The rush of adrenaline from causing a fatality can obscure the effects of cocaine or other substances,” Boyd remarked.
The driver she says who hit Clayton has a history of drug-related arrests.
“Whenever you’re in my position and you kind of look at that, it just infuriates you to the point where you almost just want to pull your hair out,” Boyd said.
A push to change state law
Under Florida law, a breathalyzer or toxicology test can be issued in a serious or fatal crash only if there is probable cause.
Kelli says that’s not good enough.
“Yes, I have started a petition. It’s calling for when negligence causes a death that is probable cause. There’s been some pushbacks, so I’m working to get the language correct so we can protect the Fourth Amendment. I don’t want to walk on anybody’s constitutional rights, but I do want answers. Every life deserves answers.”
Her petition has gained thousands of signatures including one from Jami, whose daughter was struck by a car while riding her scooter in a crosswalk. We showed you Jami’s daughter’s accident about a month ago. Investigators noted that the driver in that case smelled of alcohol, but no test was taken.
“I don’t fault the cops if they were following their policy,” Jami said. “So maybe the policy has to change.”
‘I’m doing it for him’
Kelli continues to push for change — for Clayton.
“I’m doing it for him. I believe that he has given me the courage to do this.”
When asked if it gets any easier, she replied:
“Oh God, no. But there are times that I feel this is what he would want me to do — and that brings me peace knowing he’s proud of me. He was a very proud person and stronger than me. I can only imagine what he’d be doing for me right now if the roles were reversed.”
We reached out to Gainesville Police about the investigation into Clayton’s crash. A spokesperson said:
“At the scene of the crash, Gainesville Police Department had 12 officers present, along with multiple personnel from Gainesville Fire Rescue and Alachua County Fire Rescue. At no point did any responding personnel express concerns that the driver exhibited signs of impairment. It is essential that GPD bases its investigative decisions on the facts and observations present at the scene to establish probable cause, rather than relying on a driver’s prior history.”
Kelli has been in contact with other families who support the change as well as with Mothers Against Drunk Driving.
They’re now working with lawmakers on the language for a potential bill.
