As Ignite said, this is EXACTLY why jaywalking is illegal, and she bears a large portion of the responsibility for her child's death. I don't understand why people are linking her possible punishment to the plight her other children would face if she were in jail. It's a total red herring. We'd never be thinking about that if she'd committed another crime like murder or bank robbery. It's only an issue because the victim of her crime was her own child and the fact that she grieves is somehow supposed to mitigate her culpability.
There is no question that the driver should also be punished...DUI is a crime no matter what. But in my gut, I just don't see this accident happening if the woman crossed at a crosswalk, even if the guy WAS drunk. Anyone who drives also understands that under these circumstances this accident might have happened even if the driver were stone cold sober. I think it's messed up that a third-time DUI sentence is less than what she might get. But legal issues aside, I think this woman has more blood on her hands than the driver.