Britney Spears’ trial for driving without a valid California license is all set for next month, and the attorney representing her in the criminal matter says she’s being treated unfairly.

J. Michael Flanagan, the pop singer’s attorney, said the matter is going before a jury due to unfavorable “special treatment” by prosecutors and a judge. Because the violation is a misdemeanor, 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 license. 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 arguments to jurors.

“I’m just going to sit there,” he said. If Spears is convicted, he said he will appeal that judgment.

The charge is the last remnant of a criminal case city prosecutors lodged against Spears after she hit a parked car in August 2007 and left without notifying the owner. She was originally also charged with hit-and-run, but Spears settled that charge through an agreement with the car’s owner.

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