By Kathleen Hunter, CQ Staff

A scheduled appearance this week by Rep. Vito J. Fossella , R-N.Y., in a Virginia courtroom on drunk driving charges has been delayed for two months.

The Staten Island Republican is now slated to appear Aug. 28 in General District Court, in Alexandria, Va.

Fossella had been scheduled to appear in court for the first time Friday, after his original May 12 court hearing was canceled when Fossella notified the court that he had obtained legal counsel.

The delay gives Fossella and his attorney time to work out a plea agreement if they so choose.

Fossella faces misdemeanor charges of driving while intoxicated. He was pulled over and arrested May 1 in Alexandria.

The married father of three, his problems become exponentially more complex when the arrest led to his acknowledgement May 8 that he has a 3-year-old daughter from an extramarital relationship with Laura Fay, a former Air Force officer.

In a letter to constituents posted on his web site in late May, Fossella said he planned to retire at the end of his current term.

Democrats had targeted the slightly GOP-leaning 13th District even before Fossella’s arrest. Republicans have struggled to recruit a viable replacement candidate for the November election.