It’s July 11, 2007 and Nicole Richie is supposed to be headed to court, but it seems like that won’t be the case or rather court case. The star DUI trial begins after being pushed back twice.

“It will be a non-appearance,” Jane Robison, a spokesperson for the LA County District Attorney’s Office, told Star Magazine.

“Her lawyer will be showing up, however. Lawyers are allowed to stand in for their clients when it’s only a misdemeanor charge. They will be discussing whether the court will wait for Nicole’s key witness, a drug expert, which Nicole’s attorney has requested.”

The star has already has been convicted of a DUI in June 2003 and if she’s convicted this time around she could be sentenced up to three years if probation is not granted.