Pit5 Music News Cache

By GREG RISLING, Associated Press Writer Wed Jul 11, 1:30 PM ET

GLENDALE, Calif. - Nicole Richie's driving-under-the-influence trial was delayed Wednesday until Aug. 16 so a defense expert can challenge evidence in the case.

Richie's lawyer, Shawn Chapman Holley, said in court that Dr. Terence Sean McGee will testify about tests and conclusions by drug experts used by prosecutors.

Holley told Superior Court Commissioner Steven K. Lubell that McGee's testimony was critical to the defense, but he is unavailable to appear in court until next month.

Richie, 25, was not in court for the brief hearing. Because she faces a misdemeanor charge, she was not required to attend.

Allan Parachini, a spokesman for Los Angeles County Superior Court, said Tuesday that Richie would have to decide whether to accept a plea deal offered by prosecutors.

Terms of the deal were not made available and the district attorney's office declined to comment.

Holley left court immediately after the hearing and was unavailable for comment on a possible plea deal.

Richie was arrested early Dec. 11 after witnesses reported seeing her black 2005 Mercedes-Benz sport utility vehicle headed the wrong way on a freeway in Burbank.

She allegedly failed a field sobriety test and authorities said she told them she had smoked marijuana and taken a prescription painkiller. No drugs were found on her or in the vehicle.

She pleaded not guilty in February to the DUI charge.

Richie co-stars on "The Simple Life" with Paris Hilton, who was recently released after being in custody for violating probation in an alcohol-related reckless driving case.

Besides the single DUI count, Richie's case contains an allegation that she had a prior misdemeanor DUI conviction in June 2003.

The California Vehicle Code says that if convicted of DUI twice within 10 years, a person can be sentenced to between 90 days and a year in jail and have driving privileges suspended.

Richie's legal problems come amid reports that she's pregnant. Her publicist has not answered repeated telephone and e-mail messages.

Some observers believe Richie could help herself by attending the proceedings.

"Anything that appears humble before the court is wise," said Hollywood publicist Michael Levine. "I think there's a backlash afoot because of the Hilton trial and anything to nullify it would be a good idea."

Others believe Lubell will be unmoved by the controversy surrounding the case against Hilton, who was initially given an early release to home confinement.

"I think it's going to be in the back of his mind," said defense attorney Mark Geragos, who has represented Winona Ryder and Michael Jackson. "But if it's a second DUI offense, it usually carries a mandatory amount of jail time."

Richie, the daughter of singer Lionel Richie, made the late-night talk show rounds recently, telling CBS' "Late Show" host David Letterman that she was worried about going to jail but was "willing to face whatever consequences come my way."