Britney's License Trial Not Going Away

Judge refuses to dismiss misdemeanor case against Britney Spears, who's accused of driving with invalid license

Whether or not it's because she's a celebrity, Britney Spears still has to face the music at some point.

A judge has rejected her camp's motion to dismiss a year-old misdemeanor charge against her for driving with an invalid license, leaving the possibility of an October trial on the table. (View the ruling.)

Spears' attorney, Michael Flanagan, who has maintained that his client is getting a bum rap thanks to her high profile, told E! News Tuesday that he was hoping that Los Angeles Superior Court Judge James A. Steele would toss the case.

"The law is clear," Flanagan said. "She should have just been issued a notice to correct pursuant to the vehicle code. The law says you shall issue a notice to correct. They did not do that. They just moved to prosecute. And she corrected it by obtaining a valid California license before she even got the notice."

Steele didn't agree with that rationale, however, writing in his decision that Spears may have picked up new paperwork in October, but she was considered a California resident for 17 months before her hit-and-run accident in August 2007—and people only have 10 days to obtain a new license after establishing residence.

Spears, who was carrying a Louisiana license when she was involved in the minor fender bender, could not "simply procure a California driver’s license after the fact and then have the charge dismissed," the judge wrote.

But before her driving case goes to a jury (if it comes to that), Spears faces a trial by fire on Sunday.

The 27-year-old songstress will be returning to the scene of one of 2007's biggest pop-culture crimes, having signed on to open the 2008 MTV Video Music Awards with something "fun and unexpected," according to network music group president Van Toffler.

"MTV has long played an important role in my career. How can I not be there to kick off their 25th VMAs? I'm excited to open the entire show, to say hi to my fans and to be nominated," Spears, who's up for three awards this weekend, said in a statement.

(Originally published Sept. 3, 2008 at 4:15 p.m. PT.)