But on Wednesday, New York state criminal court judge Phyllis Chu rejected the request, saying that divergent reports about what happened could only be resolved in court.
"The court finds that the defendant has failed to fulfill its burden of presenting compelling reasons to justify the rejection," Chu said in a written decision consulted by AFP.
The decision was released this Thursday.
Gooding surrendered to the police on June 13 and was released the same day, without bail.
The trial is set to begin September 3.
Gooding won an Oscar in 1997 for playing a football player in "Jerry Maguire".
Most recently, she has been featured for the role of O.J. Simpson in the series "The People vs. OJ Simpson: American Crime Story."