Nicole Richie has asked the courts to delay her DUI court hearing until August. The reason why? She plans to contend the drugs test she had after the being found driving on the wrong side of the road, claiming it was a bogus test.

In a document obtained by TMZ, Richie's lawyer Shawn Chapman Holley states "Dr. Terence McGee as a defense expert ... will challenge the prosecutor's scientific evidence and the conclusions reached by the drug recognition expert."

Because McGee is not available until August 5th, Holley plans to go into court today to argue the postponement of the case.

Meanwhile, the pregnant one has fled the country and is not due to make an appearance in court today.

The Simple Life star is in Canada to see her rocker boyfriend Joel Madden from Good Charlotte play a show!

Luckily for the gaunt starlet it's a motions case where she does not need to be present, but showing commitment to your cause would be nice Nicole.