"Frankly we're disappointed. We had prepared to defend this particular charge," said Gaubert's attorney Buddy Spell.
At the last minute, prosecutors changed the charge to 'false swearing for purpose of violating public health or safety,' a charge with a slightly different meaning but still carrying a possible sentence of one to five years in jail.
"I imagine we can defend this new charge with the same strategy, but I don't want to be pressed into making a decision on that two hours after trial was set to begin," said Spell.
Gaubert's three attorney team is confident she will be found not guilty.
"You're going to hear that the police didn't do a thorough investigation," said attorney Cameron Mary.
Gaubert's defense team says the tape doesn't show the entire incident.
"We're gonna' learn a whole lot about this case that didn't come out," said Mary.
Gaubert has a lot on the line. She's an attorney who could lose her law license if she's ultimately found guilty of these charges.
"She's had to reinvent herself. She's a nice lady and I think she's done a good job of bouncing back from what we can only assume as very painful and unnecessary and that will come out at trial as well," said Spell.
Also in court is cab driver Farrell. He told FOX 8 he has gotten his job back and is prepared to testify at trial later this summer.
"We'll come back on August 18 assuming there are no complications and the state doesn't change the charge again," said Spell.
The DA's spokesman Chris Bowman tells us that "decisions regarding amendments to the bill, or charge, are a matter of trial strategy, and pursuant to office policy we don't comment on open cases or strategy.'
Meantime, cab driver Farrell has sued the city for his wrongful arrest, a case which he says is still awaiting a separate trial, in civil court.