1970’s heartthrob David Cassidy is expected to appear in Schodack Town Court on a charge of driving while intoxicated. Cassidy was charged last summer and after months and months, and an order to go to rehab, his case was supposed to be resolved last month. He had apparently struck a deal where he didn’t have to appear.

But after his picture showed up on social media the same day – when he was at the Saratoga Race Course – the judge rethought the move. Cassidy’s case is on the court's calendar for tonight (Wednesday, September 3, 2014). Cassidy attorney Lucas Mihuta says his client is expected to be there. Mihuta declined to say whether there would be a plea deal.

Because Cassidy lives in Florida, prosecutors had agreed to let his lawyer appear in court for him during a session in July. But plans changed after a tweet by the New York Racing Association revealed to local officials that Cassidy was at Saratoga Race Course, 40 miles north of Schodack.

Cassidy frequents the track, which ended its meet Monday.