In the court of public opinion, Edmonton Oilers goalie Nikolai Khabibulin did not have a good season, by any measure.

Now he awaits a ruling to see if he will get a new trial by jury to hear arguments and evidence on his conviction on three charges — driving under the influence, extreme DUI and excessive speeding — in Scottsdale, Ariz., on Feb. 8, 2010.

"It's under the appeal process right now ... I don't believe a date has been set yet," said the 38-year-old netminder, who was sentenced to 30 days in jail before training camp last fall but has appealed.

He says he didn't waive his right to a jury trial, but still found himself sitting in court before only a judge.

"I would like to have it resolved before training camp."

Unfortunately, the case remains caught up in the legal system.

The possible jail time has been hanging over Khabibulin's head all season, but that's not why he only won two games — in 27 starts — between Dec. 16 and the end of the season.

Other than back-to-back games on Feb. 15 against the Dallas Stars and Feb. 17 against the Montreal Canadiens at Rexall Place, he simply couldn't win. Against anybody. On any day of the week. Not over the last four months. He lost his last nine straight.

The only thing he did right was win two shootout games.

Khabibulin has two years left on his contract at $3.75 million a season with no buyout provision because he was signed as a free agent after he was 35 years of age. He admits he wasn't nearly good enough in his 46 games.

Next fall, he will battle Devan Dubnyk for the No. 1 goaltending spot. There very well could be an equal split of games. Dubnyk played in 34 games this season, with much better numbers than Khabibulin's.

Khabibulin had a 3.39 goals-against average, the worst of any NHL goalie playing at least 40 games, and his save percentage was .891. Anything below .900 is sub-standard, but .910 is usually the barometer for how well a goalie is playing.