A drunk driver convicted in the death of a construction worker in Roanoke County is free.
Tracie Nininger is out of prison on bond, while she waits for the Virginia Court of Appeals to hear her case.
Tracie Nininger and her co-defendant, Jeff Dupree were convicted of involuntary manslaughter and drunk driving for the crash that killed Richard Slone on Route 419 last year.
Dupree got out on bond in August, but Nininger has stayed in prison until Friday.
Nininger had been serving her sentence at a maximum security prison, this weekend she'll spend with her family.
"She does obviously long to be reunited with her son, that's one of the main reasons we are having this motion," says Mark Yeager, Nininger's Attorney.
The same judge who presided over her criminal trial agreed to release Niniger on a $250,000 property bond, but she can't leave the state and is subject daily drug testing.