Taxi driver Abdul Raheem Fahad Syed, who was killed in an alleged hit and run drink drive smash at Christmas 2017, pictured with his son Abdul.

An alleged Christmas hit and run drink driver is back on the roads after a judge granted him a limited licence.

The visa of taxi driver Abdul Raheem Fahad Syed's grieving widow, Nishat Abedi, is in jeopardy as 12 months on from her husband's death she struggles to find work to support her 17-month-old son.

"Me and my son are struggling and that person is just walking around," she said.

"The past few months, I've been depressed but because of my son I have to be strong and think of the future."

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Syed, 29, died after Farshad Bahadori Esfehani allegedly slammed into his vehicle on Auckland's Symonds St on December 23, 2017.

Esfehani is accusing of fleeing the scene while nearly four times over the legal breath alcohol limit.

The 20-year-old faces a High Court trial next year, charged with driving with excess breath alcohol causing death, driving with excess breath alcohol causing injury and failing to stop and ascertain injury.

ABIGAIL DOUGHERTY 17-month-old Syed Abdul Rahman playing in his home with his mother watching over him in Auckland. His father, a taxi driver, was killed by a drunk driver on December 23, 2017.

The morning of his death Syed was working long hours to support Abedi and then-infant son Abdul.

A year on Abedi has moved out of the couple's marital home, because of the memories.

While a Givealittle page raised more than $80,000 for the family Abedi said she has no family help and can't drive, and has been upset with the lengthy court delays.

In October police informed her in an email that Esfehani had been granted a limited licence while on bail. He is allowed to drive between 7am and 7pm.

STUFF Nishat Abedi and son Abdul, pictured in 2017 after the death of their husband and father.

Limited licences can be granted by the court if the applicant can show not being able to drive would cause extreme or undue hardship to yourself or someone else.

Abedi is angry: "I know it's not right but it's happening."

She has since seen the footage of the accident: "It was horrible. When I saw that, I was speechless over what my husband had gone through.

"It's really sad when I look at my son, I feel sad for him. He was only 5 months old. What am I going to tell him when he is an adult?"

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Abedi's fears of deportation are ongoing. The couple moved to New Zealand not long after they married and although she was granted a two year work visa, she's found it difficult to find and keep work.

Her supporter, community volunteer social worker Younus Ali Khan, expected Abedi's visa would expire without her finding work and she'd be deported.

Khan believed the courts were being "absolutely lenient" on the alleged offender.

"In the meantime, they gave him [the offender] a conditional licence and he lives a normal life," Khan said.

"She is not getting justice, she is struggling and suffering."