Nicole Richie Will Get Reprieve!

7/10/2007 1:20 PM PDT

Nicole Richie Will Get Reprieve!

Nicole Richie's lawyer tried to fool TMZ by going to court a day early, but it didn't work!

We were at the courthouse when Shawn Chapman-Holley appeared. She has not approached the bench yet, but she just told us she will ask the Commissioner to postpone Nicole's DUI trial. It's supposed to start tomorrow. She's asking for a new trial date of August 5.

Chapman-Holley just filed a motion, stating the reason for the continuance -- Nicole's expert witness, Dr. Terence McGee, can't testify until the August date. Dr. McGee is a nationally recognized expert on drug testing. Will Nicole challenge the drug test? If so, what's the deal with the alleged confession -- that she had smoked dope and taken Vicodin before driving the wrong way on an L.A. freeway.

TMZ got its paws on this photo of pregnant Nicole (pillow in face) with baby daddy Joel Madden. The couple was flying out of LAX. Joel's band, Good Charlotte, has a gig tonight in Calgary, Canada.

BTW, if Nicole is convicted, she faces a minimum of five days in the pokey.

UPDATE: Nicole's lawyer and the prosecutor have gone before the Commissioner to discuss the continuance. The Commissioner looked upset and ordered both lawyers into his chambers. Stay tuned...