AceShowbiz -

Nicole Richie's DUI court case has been pushed back for the second time. Is that good news or a bad one? Notwithstanding with your impression, the judge has granted the so lucky socialite another delay somehow.

A continuance was granted to Nicole on Wednesday July 11th after his lawyer Shawn Chapman Holley filed a motion Tuesday July 10th, 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.

In the court documents 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.

And that's all there is, Nicole's attorney won the delay at a hearing at Glendale Superior Court in suburban Los Angeles, having the celebrity socialite's trial on charges of driving under the influence of drugs and alcohol postponed until August 16th later this year.

Richie was not present during Wednesday's hearing, but is scheduled to appear in person at her next hearing.

Meanwhile, Nicole was snapped catching a flight to Canada with boyfriend Joel Madden on Monday July 9th presumably to attend his band's show at the Calgary Stampede on Tuesday night.