Nicole Richie attempts to challenge DUI test

Nicole Richie is trying to challenge her DUI drug test with a key witness whose absence is causing problems for the “Simple Life” star.

Richie’s attorney requested a continuance for August 5 so their key witness, Dr. Terence McGee, could give his testimony. McGee is a defense expert “who will challenge the prosecution’s scientific evidence and the conclusions reached by their drug recognition expert.” However McGee says he is unavailable until August 5 because of traveling which prompted Richie’s lawyer to request a continuance.

The request was denied and the hearing will be on Wednesday at 8:30 a.m. According to the Associated Press Richie is not required to be at the hearing but her attorney will announce whether she decide to accept or decline the plea deal offered by the prosecutors. The terms of the plea deal have not been released.

Richie was arrested in December for a DUI after police responded to a call of a vehicle traveling in the direction on a freeway in California. When the police arrived Richie was stopped, facing the right direction. She failed a standard sobriety test and police claim she admitted to taking Vicodin and smoking marijuana. She denies all charges and is pleading not guilty.

Richie sparked rumors recently when she was photographed with what appeared to be a “baby bump.” She fueled rumors when she was photographed several times holding objects in front of her such as a pillow, coat, or bag in an attempt to hide the sign of pregnancy.

The rumored baby is said to be by boyfriend Joel Madden from the band ‘Good Charlotte.’ Richie’s rep was contacted about the rumors by Entertainment Tonight and said there is “nothing to report.”

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