Trial Set for Britney Spears in Traffic Case

09/18/2008 at 03:05 PM EDT

Trial Set for Britney Spears in Traffic Case
Britney Spears
Todd Williamson/WireImage
Britney Spears may face a trial next month in her driving-related misdemeanor case, her lawyer confirmed Thursday.

A Los Angeles court has set a trial date of Oct. 15, which can be avoided if Spears and prosecutors reach a plea deal, or if a higher court accepts her appeal.

"Britney will never plead guilty to this charge, which I believe should be reduced to a fix-it ticket," said her attorney Michael Flanagan. "If our appeal is denied, we'll go to trial."

The charge stems from Spears's hit-and-run incident in August 2007. A hit-and-run charge was eventually dismissed after the singer compensated the other driver for damages.

But prosecutors allege that Spears, as a permanent resident of the state, broke the law by driving without a California license.

Flanagan has countered that the singer never intended to permanently reside on the West Coast, and that her valid Louisiana license at the time was sufficient.

Two months after the accident, she obtained a California license, "but that doesn't account for when she drove without it," city prosecutors said.

If convicted, Spears faces a maximum six months in jail and a $1,000 fine. Flanagan previously turned down a plea deal – of a fine and probation – offered by prosecutors.

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