Criminal Law Questions? Ask a Criminal Lawyer.
Hello,My name is XXXXX XXXXX I am an experienced criminal lawyer.According to the Alabama code Section 32-5A-178, racing on the highway is defined as:". . . the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes." So while you can certainly fight this case and you have good facts going for you if the police agree that there were no other cars but you on the road, it is not a 100% foregone conclusion that you absolutely need another car in order to race. So my experience is that if the state does not dismiss it outright on that basis on your first court date, you may have to go to trial on this if you don't want to take a plea or have a conviction. Further, in Alabama, speeding violations are not just traffic matters but are misdemeanors. A conviction for this offense would carry a maximum penalty of 90 days in jail and/or a fine of up to $500. Moreover, a conviction would give you a criminal record. Given this, you should have a lawyer with you on your first court date. Criminal cases can have lifetime consequences, so even a low level misdemeanor can have repercussions when it comes to background checks for the job or housing markets. Alternatively, you can show up by yourself on your first date, plead not guilty and see whether the state is inclined to dismiss this and, if not, what they intend to offer you and whether that offer would keep you from having a misdemeanor record. If the offer is not to your liking, you're not required to take any deal that you don't want. You can the tell the judge that you would like to go to trial on these charges and that you need a continuance so that you could come back with a lawyer.Good luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).