Lawyer for celebrity socialite Nicole Richie paid a surprise visit to court Tuesday July 10th, one day earlier than it was scheduled before, to file a motion requesting a delay in the start date of the star's DUI trial, citing the key witness to the case will not be available to testify until August 5th.
According to the court documents filed by Nicole's lawyer Shawn Chapman-Holley, it is said that Dr. Terence Sean McGee, the drug expert retained to testify on the star's behalf, will be out of the country until August 5th. "His testimony will be critical to Miss Richie's case and there is no other expert retained by the defense who can testify in this regard," the filing read.
Instead of immediately grant the delay, Los Angeles Superior Court Commissioner Steven K. Lubell set a hearing for Wednesday July 10th, when Nicole's trial was originally scheduled to start, to hear arguments as to why the trial should be postponed once again. Regardless of the outcome of the hearing, the next stage of the case will be a jury trial unless Nicole accepts a plea deal.
Nicole was arrested in Burbank, California on December 11th last year for investigation of driving under the influence after her car was reported headed the wrong way on a freeway. She had been charged with misdemeanor driving under the influence (DUI).
Due to the fact that she has had a prior misdemeanor DUI conviction in 2003, she is facing a sentence of 90 days to a year in jail, a fine between $390 and $1,000, and a suspension of driving privileges.