Page last updated at 13:09 GMT, Tuesday, 7 October 2008 14:09 UK

Hungover driver jailed for death

Ashley Smith
The judge told Smith she had been a danger to herself and others

A hungover driver who had been partying all night and taking drugs has been jailed for seven years for killing a man out walking his dog in Angus.

Ashley Smith, 33, had previously pled guilty to causing death by dangerous driving on the A926 in June 2007.

Her car had mounted the pavement at Maryton and killed father-of-two Colin McGregor, 40, and his dog.

Blood tests carried out after the crash found alcohol, cannabis, and ecstasy in Smith's system.

Advocate depute Simon Collins, prosecuting, described how Smith had met up with friends in Dundee that weekend to drown her sorrows. She had just discovered she had picked up an infection from a tattoo.

After drinking heavily and taking drugs until 0500 BST Smith had gone to sleep, getting up about 1300 BST.

That evening she ignored a friend's advice and headed for her home in Kirriemuir.

On the way, said Mr Collins, she stopped at a McDonald's in Forfar where witnesses described her as looking "rough" and having difficulty ordering her food.

Another driver heading for Kirriemuir was so concerned about Smith's Vauxhall Astra that he kept well away, while his wife searched for her mobile phone to call police.

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Jailing Smith at the High Court in Edinburgh, judge Lord Woolman said: "As a result of the offence to which you have pled guilty, a young father is dead.

"When he was killed, Colin McGregor was a vulnerable pedestrian on a pavement near to his home. He was walking the family dog on a lead. His conduct played no part in the crash."

He continued: "In this case, the standard of your driving fell far below that to be expected of a competent and careful driver. On 24 June last year, you were a danger to yourself and to other road users."

Smith, who has one previous conviction for speeding, was also banned from driving for 10 years.

As she left court, widow Lynn McGregor, 37, said she and her family had suffered "utter devastation."

She also told how one of their two daughters regularly went with their dad to walk the dog, but had not done so that evening.

She said the seven year sentence was probably the best she could have hoped for but added: "We have got a life sentence."

In court, Smith had apologised through her lawyer for what had happened. Mrs McGregor said she rejected the apology. "She has done what she has done and taken away a good man," she said.


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