Mindy McCready petitioned Tuesday to withdraw her guilty plea in a probation violation case, saying she had uncovered new evidence.
The country singer had pleaded guilty to violating her probation on a drug charge by driving on a suspended license and leaving Tennessee. McCready, 30, was scheduled to find out Tuesday if a judge would send her to jail for violating her probation on a suspended three-year sentence for fraudulently obtaining the prescription painkillers Oxycontin.
But her attorney, Lee Dryer, said the singer’s relatives in Florida found a document that showed her license was reinstated the day before she was arrested on the driving charge in May 2005. Dryer said the new evidence was given to him late Monday night.
A Nashville jury acquitted McCready last month of drunken driving but convicted her of driving on a suspended license.
“I said when I was pulled over that my license was not suspended, and I was correct,” McCready said after Tuesday’s hearing.
McCready is to be sentenced in September on the driving charge, and Dryer said he will be seeking a new trial after that.
“It’s going to be our position that her license was not truly suspended although the records in the Department of Safety show that it was,” Dryer said.
Williamson County Judge Jeff Bivins said he would hold off on a decision in the probation violation case until Nashville courts rule on the matter.
But the judge said McCready’s failure to get permission to travel to Florida in 2005 was still at issue. McCready’s Florida trip made news because the singer was hospitalized there after a suicide attempt.
Dryer said the out-of-state travel was a misunderstanding between McCready and her probation officer.
McCready, who had a No. 1 hit in 1996 with “Guys Do It All the Time,” has struggled in recent years.
Two days after her DUI arrest, she was injured in a beating by her former boyfriend, William McKnight, who pleaded guilty to domestic assault and was sentenced to serve 30 days in jail.
McCready has since sued McKnight over the beating and given birth to his child.