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Nicole Richie
AP
Nicole Richie was charged with DUI in December after the California Highway Patrol found her SUV parked in a freeway car pool lane with her in it. She entered a not guilty plea.
Access Hollywood
updated 7/10/2007 5:20:36 PM ET 2007-07-10T21:20:36

A lawyer for Nicole Richie made a surprise appearance in court this morning to request the celebutante’s trial on a DUI charge, be postponed until August.

Richie’s counsel was expected in court tomorrow for a hearing on the case, but turned up earlier today, instead. The “Simple Life” star’s lawyer — Shawn Chapman-Holley, an associate of Richie’s original lawyer Howard Weitzman (he was also Paris Hilton’s original DUI attorney) argued Richie’s case should be continued because an expert was unavailable to testify.

The motion, originally filed in court on June 26, explained that defense witness Dr. Terence Sean McGee was unavailable to testify immediately. They claim “his testimony will be critical to Miss Richie’s case,” in the filing as he can “challenge the prosecution’s scientific evidence and the conclusions reached by the drug recognition expert.”

Dr. McGee will be available, the defense asserts, in August.

A judge did not immediately rule on the filing, but ordered the parties involved to return to court on Wednesday to argue the motion and continue the case.

If the motion is denied tomorrow or if it is accepted, the next stage of the case will be a jury trial unless Richie accepts a plea deal.

Copyright 2012 by NBC. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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