Death driver allowed to see son

Ashley Smith was drunk and on drugs when she hit Colin McGregor

A driver who killed a man while she was drunk and on drugs has been allowed out of custody to see her eight-year-old son before she is sentenced.

Ashley Smith, 33, from Kirriemuir in Angus, admitted last week that she was to blame for the crash which killed father-of-two Colin McGregor, 40.

Smith mounted the pavement and hit Mr McGregor and his dog in June last year.

It was ruled she should be remanded in custody until sentencing but that was overturned by appeal judges.

She has now been released on bail until sentencing next month.

Died almost instantly

Defence advocate Tim Niven-Smith told the Court of Criminal Appeal in Edinburgh: "She wants to spend some time with her son, given that she knows she is likely to receive a substantial sentence."

Smith had suffered depressive illness in the past and was extremely concerned, knowing she would be separated from the boy.

Mr Niven-Smith added that Smith had been on bail while awaiting trial and had not missed any court dates and had no significant record.

Smith halted a planned trial last week by pleading guilty to a charge of causing death by dangerous driving "while under the influence of controlled drugs and alcohol" and a second charge of possessing cannabis resin in her handbag.

Lord Woolman heard then that timber sales assistant Mr McGregor was walking the family Labrador along the A926 at Maryton on 24 June last year.

He was nearing his home, when Smith, whose Vauxhall Astra had repeatedly swerved onto the wrong side of the road, mounted the pavement.

Mr McGregor died almost instantly and the dog was also run over and killed.

Smith was found to have ecstasy and cannabis in her body as well as alcohol.