Arrests

Contrary to speculation, TMZ has learned Nicole Richie will NOT go to jail tonight.

Reports circulated this morning that Nicole would turn herself in later in the day, but ain't gonna happen.

Lane Garrison was taken into L.A. County Sheriff's custody at the Beverly Hills Courthouse and booked.

TMZ has learned Nicole Richie will do her time at the Lynwood jail -- the place Paris Hilton called home for 23 days.

Richie had the option of serving her 90 hours at a "private jail." These facilities are nicer than Lynwood, for sure, but there's a downside. When an inmate does time at a private facility, they must serve out the entire sentence. At Lynwood, the Sheriff could turn a 4-day sentence into a revolving door, because of the overcrowding problem.

Even if Nicole didn't go in and out, she would do much less than 4 days. She could enter Lynwood late one evening (as Paris did) and she'd get credit for an entire day. On top of that, there's "good time" credit that would shave a significant portion of the sentence.

TMZ was in L.A. County Superior Courtroom moments ago, where a pregnant Nicole Richie faced the music for her wrong-way DUI bust in December -- her second DUI conviction in 4 years.

A court commissioner sentenced Richie, represented by uber-lawyer Shawn Chapman Holley, to serve four days in the City or County Jail (her choice!) -- she got credit for one day, based on the six hours she served after being busted. So when she goes back in to the pokey, she'll only serve three days.

Richie was also fined $2,048, was ordered back to school for an alcohol education course and on three years probation.

Richie must report to serve her time by September 28.

The commissioner issued Richie a stern warning, telling her if she drove drunk again and she actually killed someone, she could be charged with murder -- not manslaughter. That's because after her first DUI, Richie agreed that if she drove under the influence and killed someone, she'd be nailed for murder.

The 25-year-old is expected to give birth sometime in January.

TMZ has learned Nicole Richie will appear in court Friday and will cop a plea in her DUI case.

Sources tell TMZ Richie will plead either guilty or no contest to DUI. She will appear before the Court Commissioner, who will sentence her on the spot. Sources say Richie will receive a minimum sentence of five days in jail. By law, anyone with two DUI convictions must serve at least five days. This conviction will be Nicole's second DUI.

Lindsay Lohan was popped for possession of cocaine, driving under the influence, transporting a narcotic into a custodial facility and driving on a suspended license. Sources say her blood alcohol level was between .12 and .13, well over the .08 legal limit.

Shakira Staten gave birth to a baby girl on July 10, the day before her 22nd birthday, according to the Times-Tribune. The paper goes on to say that a female guard cut the umbilical cord with her fingernails. Now that's what we call hard labor!

In a declaration filed today and obtained by TMZ, Nicole's lawyer, Shawn Chapman Holley, challenged the urinalysis on grounds that it's unreliable -- blood is generally considered the more accurate test.

Nicole Richie's fate won't be decided for another month, because a key witness is having fun in the sun.

The commissioner in Richie's DUI case has just granted a continuance, pushing her next court date back to August 16. He also ordered Nicole to appear in court on that date.

Richie's lawyer, Shawn Chapman Holley, requested the extension for an expert witness who was unavailable for today's trial date due to vacation plans. As TMZ first reported, Dr. Terence McGee will challenge the results of Nicole's drug test.

Richie admitted to taking Vicodin, and smoking pot while driving the wrong way on the 134 freeway late last year.

The declaration, filed today by Shawn Chapman Holley, Nicole's lawyer, states, "Dr. Terence McGee as a defense expert ... will challenge the prosecutor's scientific evidence and the conclusions reached by the drug recognition expert."

Taking a cue from the Michael Jackson Children's School of Disguise, Nicole arrived in Calgary hiding behind a pillow with baby daddy-to-be, Good Charlotte's Joel Madden. Lifestyles of the rich and the famous! The unwed couple are up north because Joel's band has a show tonight at the Calgary Stampede -- an A-list rodeo! Apparently, times are not-so-good, Charlotte.

The Commissioner in the Nicole Richie DUI case did not grant the continuance Nicole Richie wanted. Period.

As TMZ first reported, Richie's lawyer asked for a continuance until August 5th, because her expert witness, Dr. Terence McGee, was not available to testify then. Commissioner Steven Lubell was visibly upset and ordered both Nicole's lawyer, Shawn Chapman Holley, and the prosecutor into chambers. When the Commissioner came out, he said he would not rule on the continuance and ordered all parties into court tomorrow morning at 8:30 AM -- that's when the trial is scheduled to begin.

Seems like Nicole is in a pickle. She flew to Calgary last night with baby daddy Joel Madden, who is performing a gig in the Great White North. Will Nicole bail on the concert and come back to face the Commish?

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.

Richie told FOXNews.com that, "she keeps apologizing to me. I told her 'You're doing exactly what you're supposed to be doing to your father at this age." Talk about arrested development!