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.
(c) "Racing" 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. - See more at: http://codes.lp.findlaw.com/alcode/32/5A/8/32-5A-178#sthash.uR53Agx0.dpuf