Left Turn S. 141(5)

I was driving eastbound on North Service Rd. in Mississauga just east of Hurontario St. and was trying to turn left into a private/commercial driveway when i was struck on the passenger side of my vehicle. i was given a ticket for "left turn - failure to afford reasonable opportunity to avoid a collision" contrary to HTA 141(5) however in the HTA it says: "Left turn, across path of approaching vehicle

(5) No driver or operator of a vehicle in an intersection shall turn left across the path of a vehicle approaching from the opposite direction unless he or she has afforded a reasonable opportunity to the driver or operator of the approaching vehicle to avoid a collision. R.S.O. 1990, c. H.8, s. 141 (5)."

can i fight this based on the fact that i was not at an intersection? if so, does anyone know of any cases i can reference where someone won based on this?

thanks.