Mom Raquel Nelson charged in jaywalking death fights trial

A Cobb County judge threw out one of three charges against a woman convicted of vehicular homicide in the death of her so on Wednesday.

Lawyer Steve Sadow made a request at a hearing Wednesday to dismiss all charges against Raquel Nelson. Nelson  was convicted of vehicular homicide in July and sentenced to a year's probation and 40 hours of community service. But the judge also made her the unusual offer of a new trial, which Nelson accepted.

Nelson was charged after her 4-year-old son was struck and killed by a van as they jaywalked across a busy Atlanta-area street in April 2010.

Prosecutors said they had little choice but to charge Nelson in her son's death. But the case has sparked outrage from activists who protested the decision.

The judge tossed out a reckless conduct charge because it was too vague, and is considering the other arguments presented by Nelson's attoey.