Flanagan has also accused the judge assigned to the case, James A. Steele, of treating the pop star more harshly after he rejected Flanagan's motion to reduce or dismiss the charge.
A three-judge panel also refused to intervene in the case, which means it will be moving forward.
One line of argument Flanagan is likely to take is whether Spears should be considered a resident of California.
"When you go into Kenwood, you go through an arch and that arch says, 'Home of Britney Spears,'" he said. "She travels. When she's entertaining, she's all over the place. Her base has always been Kenwood, La. That's where her family is, most of her cars. She's here in California because she has these domestic issues. She has to be here to see her kids. If she could take her kids out of state, she would be back in Louisiana."
If convicted, Spears would likely face probation and a fine.
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