The Nicole Richie DUI trial will take place on Wednesday as planned. On Tuesday, Richie’s lawyer appeared before Commissioner Steven Lubell to request a continuance until August 5th. Shawn Chapman Holley, Nicole’s lawyer, claimed that Dr. Terence McGee, Richie’s expert witness, would not be available until the August date.

The request made Lubell visibly upset and ordered both parties into his chambers. Lubell then flatly refused the continuance ordering all parties be in court tomorrow morning at 8:30 a.m.

Nicole — who flew to Calgary with boyfriend Joel Madden to support him and his band Good Charlotte at a Canadian performance — is not required to appear, according to spokesperson for the L.A. County District Attorney’s Office.