Danielle Fraser claimed sunstrike was a factor after plowing into the back of a car containing a mother and three children at 100kmh.

But Judge Campbell Savage says it was a lack of attention, rather than glare, that led to the crash at an intersection on State Highway One, near Hinds, last year.

Fraser, 28, appeared in the Ashburton District Court this week for a judge-alone trial on a charge of careless driving causing injury.

The court heard that on April 25, she was driving home from Christchurch Airport in the late afternoon after visiting her parents in Auckland.

She had the cruise control of her Mitsubishi set to 100kmh and was listening to country music.

At roughly 4.30pm she crashed into a Mazda driven by a mother with three children aboard. The Mazda was stationary, indicators blinking, while the mother waited for a gap in the traffic to turn across the highway towards Winslow.

One child was taken to Ashburton Hospital for observation after complaining of a sore stomach, while a second child was rushed to Christchurch Hospital with an 8cm gash on the neck.

While giving evidence, the mother said she also suffered several small cuts from shattered glass.

The Mazda was insured but since she was not listed as a driver the insurance company had refused to pay for any repairs.

The mother said she usually pulled off to the left before waiting to turn off the highway but decided against that on the day because a lady was wheeling her rubbish out on the side of the road.

The woman wheeling the bin was called as a witness.

She saw the Mitsubishi approaching at about 100kmh.

"I thought holy hell! This person coming up has not seen the car with the blinkers on."

When she noticed the driver of the Mitsubishi did not attempt to brake or evade, she dropped her wheelie bin and put her hands over her face.

“It’s a terrible, terrible intersection," she said.

The court was told there were no road markings or signs to indicate that cars might want to turn off the highway.

The witness said she heard cars honking and tyres screeching daily.

"I don’t know why it isn’t dealt with. I constantly see near misses."

Two police officers, who arrived within 15 minutes of the incident, and the driver of the Mazda all said the sun was not low enough, or was in the wrong position, to cause sunstrike.

When Fraser spoke to the police after the accident, she said the car was on cruise control and believed she lost sight of the car due to sun glare. When she noticed the Mazda, there was just enough time to slam on the brakes before impact.

While giving evidence this week, Fraser said the sun was coming through the side window for most of the drive home.

"It wasn’t much of a bother until it caught me from the right windshield."

Fraser demonstrated moving her head to get behind the visor to see again.

It was then she realised the Mazda wasn't moving and slammed on her brakes.

"I knew I wasn’t going to stop in time," she said.

Judge Savage said there was photo evidence from 15 minutes after the incident that showed the lighting on the day was good and ruled out sunstrike as a causative factor.

"This intersection is not very well engineered but it's not a factor I’ve blended into this decision.

"My view is your mind has wandered and you didn’t pay attention and a child was injured."

The judge said he didn't find any flaw in Fraser's character or her driving.

"You simply made a mistake; you zoned out. Your culpability is low, but not so low that the charges can be dismissed."

The judge made a referral for restorative justice and remanded Fraser for sentencing in the Timaru District Court on July 2.

By Sharon Davis