A possibly pregnant Nicole Richie will not go on trial for her December 11th DUI charge on Wednesday, as was previously scheduled. The judge ordered both sides to court Wednesday to argue about why the trial should be postponed further.

“The trial will not happen (Wednesday),” said Jane Robison, spokeswoman for the Los Angeles County District Attorney’s Office. “Richie’s attorney filed a motion … stating that their key witness, a drug expert, was unavailable for trial.”

Nicole was convicted of DUI in June 2003, according to California State Law repeat DUI offenders get a minimum three months in jail, unless agreeing to a term of three years probation-in which event they’d be forced to serve four days instead.