Britney Spears

Matthew Simmons/

While Britney Spears tunes up for a new album and world tour, a lawyer for the reforming pop princess is telling the court she's not really up to handling a driver's license issue.

For what seems like the umpteenth time, attorney Michael Flanagan is seeking to derail a trial in the case of Spears and her MIA California driver's license.

He filed documents today in Los Angeles County Superior Court requesting a stay in the proceedings because she remains under the control of a conservatorship.

"The Probate Court has found that [Spears] lacks the capacity to retain counsel," Flanagan writes. "As a result, [Spears] is currently unable to participate meaningfully in this matter." (View the documents.)

Flanagan goes on to claim that precedent shows proof of correction (i.e., Brit obtaining a California license) usually nips matters such as these in the bud.

The "Oops" songbird was rung up in August 2007 after a hit-and-split incident in which she dinged another vehicle while fleeing from paparazzi.

A follow-up investigation revealed she was carrying a Louisiana license but not a California one, a no-no under state law. Authorities subsequently charged her with a misdemeanor count of driving without a vaild license.

As it stands, Flanagan is due back in court on Spears' behalf Oct. 8—what could be the final chance for him work out a settlement with prosecutors before the trial is scheduled to kick off a week later.

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