Distracted Driver Who Caused Fatal Accident Gets Holiday Break From Jail

WAUKEGAN, Ill. (CBS) -- A driver convicted of killing a woman motorcyclist while distracted -- painting her nails behind the wheel -- gets to spend the holidays with her family.

A Lake County judge on Thursday gave Lora Hunt permission to get out of jail for Thanksgiving and Christmas.

Now the victim's son asks: Where's the justice?

Greg Zaffke uses his mom's mangled motorcycle to make a point with young drivers. 

It's the bike Anita Zaffke was riding while stopped at a light in 2009. Hunt slammed into the back of her motorcycle. Authorities said she was distracted because she was painting her fingernails.

"When my mom was killed we learned that we aren't the only ones," Greg Zaffke said. "There are thousands of families every year that are affected by this problem of distracted driving."

Hunt was sentenced to a year and a half in jail for the incident but has been allowed to leave her cell to go to work. And now, Judge Fred Foreman is letting her out for the holidays so she can spend them with family.

"It's a little bit of a slap in the face," Greg Zaffke said.

Lake County allows people out of jail as part of its periodic imprisonment program. One Lake County attorney said he doesn't think letting Hunt out for the holidays is a problem.

But Zaffke, cradling his infant son, says he's working on legislation that would toughen the charges and the sentences for people who drive while distracted.

Calls to prosecutors and the judge were not returned.

In court Thursday, Hunt did apologize for the pain she's caused the Zaffke family.

She gets out of jail for good in January.

Greg Zaffke continues to educate the public about the dangers of distracted driving through his non-profict organization called CrashCoaliltion.