DALLAS, TX— Tracey Richardson lost part of her heart the night a drunk driver slammed into her daughter Amanda's car.
"She was my best friend," the Dallas mother said.
The 23-year old was killed along the Dallas Tollway in 2010 when she ran out of gas. She was sending a text message when she was hit from behind.
"When I retrieved her cell phone it said, "Mom I am sitting here on the side of the road" and there wasn't any more, that was the impact".
Someone not much older than Amanda, 28-year old Khary McWilliams admitted to hitting the woman while he was intoxicated. McWilliams pleaded guilty to intoxicated manslaughter, which carries a sentence of 2-20 years in prison.
Richardson fears that because McWilliams has no previous record of drunk driving he may receive a lighter sentence or even probation.
"Probation is a slap on the hand. We need to make an example of these people," Richardson said.
McWilliams attorney, Todd Shapiro says he will probation for his client. He says sending the young man to prison will only compound the terrible situation.
Experts say the judge will take into account the defendants age, actions during the crash and previous record.
"The judge will look at previous DWI offenses," criminal defense attorney Hunter Biederman, said.
Biederman, who is not involved in the case, says there are certain situations, where probation is a possibility.
"The ideal probation case is where it was a first time mistake, where the person is taking responsibility and that person has no previous convictions."
Richardson plans to make a statement at the sentencing hearing next week. She hopes to convince the judge to give the man who took her daughter's life hard time.
"That is what I am living, when I visit her grave."