I was wondering if anyone may have some advice for me. Recently I was involved in an accident. I was traveling down a residential road in the morning on my way to work. This road's width on each side (right and left) is the equivalent to two lanes. So imagine a 4 lane road 2 lanes on left, 2 lanes on right separated by yellow double lines. This road continues up to intersect with a major highway before the intersection the road splits into 3 lanes, one lane is a turning lane to the left, one lane is the middle lane going straight across the intersection and one lane to the right turning right. Before the road splits into these lanes there are "private driveways" to businesses and a shopping center to the right and left. As I was traveling towards the intersection, the people in front of me signaled turn left and also moved their cars to the furthest left side of the road, I was continuing straight and begin to overtake these cars to the right, at the same time there was an individual that was turning left that decided to wave a car out into traffic from a private driveway to the immediate right. This car did not stop at the end of the driveway and look to observe oncoming traffic, it was like they had complete trust in the individual waving them on. They did not see me, and pulled out in front of me. My car collided into the rear driver side back door. When the officer arrived I was shook up and tried to proceed and give my statement. I think that I was talking to fast trying to explain what happen because the officer interrupted me and said "Im confused. Let me go over here and talk to them." After that he told us to pull over into the shopping center. He then cited me a ticket for improper passing to the right. And a week later I went to the precinct to obtain the police report, and all of a sudden there is an "unidentified phone-in witness" that stated that I was passing them to the right at a high speed. At the time of the accident there were no witnesses. I tried to contact the witness at the phone number stated on the report and the person does not answer, however their voice mail does and the name stated is not the name on the report given. Anyway the officer said that I could not pass these cars to the right because the cars that were signaling left were actually going straight towards the red light to turn left on the main highway ahead about 20 car links ahead not at the shopping center intersection where their positions lead me to believe from my perspective coming from behind. I did not know that these cars were going straight to the red light and that information was known only after the accident. If you read the code law the officer cited me for it states :
(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn; or
(2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle.
(b) If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.
So knowing this information and applying it to my circumstance, (1) the car I was trying to overtake indicated a left turn, I cannot read minds the cars indicated a left turn and stopped at an intersection to their left which made it look like that was their indicated direction not to go straight 20 car links ahead to turn left. (2) the road on which I was traveling on was the equivalent to two lanes so this indicates to me that "unobstructed pavement of sufficient width for two or more lanes...." applies to me and (3) I did not execute this maneuver by driving off the road way. Why was the other driver not cited for failure to yield-right-of-way? Am I interrupting this correctly? This is my defense in court is it plausible?
Thank you for your help.