148 (5) Fail To Turn Out To Avoid A Collision

My daughter was driving my van behind a pick up truck. They were approaching an intersection with traffic lights when the truck in front of her suddenly swerved into the left turn lane to avoid a stopped vehicle. My daughter attempted to switch lanes as well but tagged the rear of the stopped vehicle with the front right of my van. She was subsequently charged with 148 (5) and interestingly enough, the officer encouraged her to plead not guilty and dispute the charge.

If I can get these attachments to load correctly, you will see the ticket and disclosure package. I am interested in thoughts on how to proceed.

Thanks in advance.

First page

disclosure two

disclosure 3

disclosure 4

disclosure 4.5

disclosure 5

disclosure 6

The officers diagram is somewhat inaccurate. The intersection has a left turning lane at each approaching roadway. See my drawing. If she was going to overtake a vehicle as per 148 (5) this would cause her to go into the left turn lane, and most likely into on coming traffic. (She probably would have avoided the accident if she managed to get into the left turn lane, however I am referring to the HTA for discussion here.)