A panel of judges from the Pennsylvania Superior Court will decide how to rule on Erie DA Jack Daneri's motion for reconsideration in the case of Tyler Festa.
Festa was driving the car that hit 13 year old Ashley Clark as she boarded a schoolbus in December of 2011.
Charges against Festa were dismissed by Judge Shad Connelly when Festa's attorney presented evidence that the bus red flashers were not operating at the time of the accident.
Daneri wants the decision reconsidered.
A ruling from the panel will be made at some point after the judges deliberate.