Spears' attorney, J. Michael Flanagan, did not immediately return a phone message seeking comment.
The move was not unexpected. Flanagan said after a recent hearing that the court might reject his filing and that he would appeal a conviction in the case. Spears is not expected to appear during the case.
She is scheduled to go to trial later this month. She was charged with not having a valid California license after she hit a parked car in August 2007 and left the scene.
