LOS ANGELES -- Britney Spears' trial for driving without a valid California licence is all set for next month -- and the attorney representing her in the criminal matter isn't happy about it.

J. Michael Flanagan, the pop singer's lawyer, said the matter is going before a jury due to unfavourable "special treatment" by prosecutors and a judge. Because the violation is a misdemeanour, Spears is not required to attend the trial.

A judge rejected Flanagan's attempts Thursday to get the case reduced or the charge dismissed.

Flanagan has repeatedly argued that the singer is being treated more harshly than other people who have been caught driving without a valid California licence. He said under normal circumstances, Spears should be allowed to pay a $10 fine and not face criminal prosecution.

He said Thursday that Los Angeles Superior Court Judge James A. Steele cited Spears' celebrity status during an in-chambers meeting as a reason for not reducing the case to an infraction.

"He says, 'But I've never done that before. I'd hate to do it the first time and do it for Britney Spears because then it would appear like she's getting special treatment,"' Flanagan recounted Steele telling him.

Steele said through a clerk that he could not comment on the conference in his chambers. A court reporter was not present for the meeting. Flanagan said he will appeal a previous ruling by the judge denying Spears' motion to dismiss the case.

If the case begins as scheduled on Oct. 15, Flanagan said he doesn't plan to present any witnesses or do anything more than make opening and closing remarks.