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Georgia Mom Faces Charges Again in Son's Traffic Death

Hemera Technologies/Thinkstock(MARIETTA, Ga.) -- A Georgia mother whose son was killed in a tragic hit-and-run accident will once again face charges in his death.  

A Cobb County, Ga., state court judge has ruled that Raquel Nelson, 30, will stand trial on charges of vehicular homicide and criminal jaywalking in the death of her 4-year-old son, A.J. Newman.

Nelson was convicted of the charges in an earlier trial this year, and faced up to three years of jail time -- a longer sentence than the hit-and-run driver who killed her young son.

In July, State Court Judge Katherine Tanksley sentenced Nelson to probation instead of jail time, but the judge also offered her a deal.  Nelson could undergo a new trial, and if acquitted, her record would be cleared.  Nelson accepted the offer.

According to the Atlanta Journal Constitution, earlier this month, Nelson’s attorney asked the judge to dismiss all charges against his client.  The judge did dismiss a charge of reckless conduct, but determined that Nelson would stand trial again on the other two charges.  The trial will begin on Oct. 25.

Nelson’s son was killed as she and her three children were attempting to cross a busy street, heading from a bus stop to their home across the road.  Nelson was charged with vehicular homicide because she was not crossing the street at the crosswalk in Marietta, Ga., at the time of the accident in April 2010.

A jury convicted Nelson, and there was an outpouring of support for the single mother as she headed back to court in July to learn whether she would be sentenced to jail time.  Tanksley sentenced her to 12 months probation and 40 hours of community service instead.

The driver of the car was given six months in jail for hitting Nelson, one of her daughters and her son last year, and then fleeing the scene.

Nelson was originally charged with reckless conduct, improperly crossing a roadway and second-degree homicide by vehicle.

Copyright 2011 ABC News Radio

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