21 year old Tyler Festa was driving a car that struck two teenagers at a Summit Township school bus stop along Route 97 back in December of 2011.
Ashley Clark, who was 13 was killed and Taz Gianelli, who was 17 was injured.
Charges against Festa were dismissed by Judge Shad Connelly after Festa's attorney presented evidence that the bus red lights were not flashing when the collision occurred, and the students walked across the road before the bus completely stopped.
Despite charges being dismissed, they were reinstated by the superior court.
Festa faces a felony charge of homicide by vehicle and other charges in that crash.
The trial is scheduled to begin tomorrow morning in Judge John Trucilla's courtroom.