9/30/2008

in

The singer's persistent lawyer is back in court in an attempt to get an upcoming trial dismissed.

Marissa Willman

Attorney J. Michael Flanagan is continuing his previously unsuccessful attempts to delay or dismiss singer Britney Spears's misdemeanor case scheduled for next month, according to MTV.com.  
  
Flanagan filed an appeal on Monday to delay the case. The petition, filed in Los Angeles Superior Court, seeks a stay in the case. Flanagan also wants an appellate judge to force the judge that is overseeing the case to grant a motion to dismiss the case entirely.  
  
Spears's lawyer has appealed to get the case dismissed twice, claiming his client is being made an example because of her celebrity status. Flanagan requested that Spears be allowed to pay the $10 fine and avoid a trial, which he says would be normal procedure if Spears were not a celebrity.  
  
Flanagan also said the singer "is unable to meaningfully participate in her defense" because of her ongoing conservatorship by her father, Jamie Spears. In February, her father took over Spears's personal and financial affairs after a year of the star's erratic behavior.  
  
Spears is set to stand trial for a misdemeanor charge of driving without a license. The charge stems from a hit-and-run accident in August 2007 when the pop star hit another car in a parking lot. The monetary damages with the owner of the other vehicle have since been resolved.