Update: Mom Won't Serve Jailtime in Son's Jaywalking Death

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Her son died tragically after Raquel Nelson and her three children crossed four lanes of highway without a crosswalk and a hit-and-run driver struck the boy.

The driver, Jerry Guy, who had two previous convictions for hit-and-runs, pleaded guilty to one count of hit-and-run and served six months, "Today" reports, while Nelson faced 36 months in jail after being found guilty of second-degree vehicular homicide, reckless conduct and failure to use a crosswalk during the accident that killed A.J. Nelson, 4.

But the Marietta, Ga., mom will not serve time in jail, according to the news show. Instead, she received a sentence of 40 hours of community service and 12 months probation and was granted the unusual chance for a new trial.

"One year probation, it was better than jail time, of course," Nelson tells "Today." "I was just happy to be walking out of the courtroom. ... When (the judge) said what she said, it was a relief. I probably could have kissed her."

Nelson tells "Today" she's still deciding whether or not to go through with a new trial.

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