A lawyer for Kevin Federline alleged that Britney Spears has failed to follow drug-testing procedures, missing eight of 14 drug tests, at an emergency hearing in their ongoing custody battle in LA Superior Court today. He alleged that Spears - who has been called to submit twice-weekly random drug and alcohol tests - has not been able to be reached for results within the hour, a court-ordered deadline. "There have been 14 requests and only eight have been responded," KFed's lawyer told the court. "We have been in court on this exact issue at least three times." Spears's attorney fired back, calling the tests "unconstitutional." "Since October 5 there have been 10 negative drug tests," said said, adding, "The idea that she needs to respond within the hour is meaningless... Is the issue that Britney Spears needs to get up at 8:30 a.m. and answer the phone? She's a popstar with a No. 1 album. She is not up that early." The court commissioner responded, "She needs to take responsibility. The issue is to see if she can follow a court order. Since we started this, there have been lost phones, changed numbers, voicemails being left on someone else's voice mail... Maybe we should set up a fixed appointment for her to be tested. The point is we cannot continue to do these weekly ex-parte motions." According to a source, "[t]he hour that they test [Spears] is very important. If she's out partying the night before, that would be reflected. That's why it's an important issue to Kevin and his attorney." Lawyers are set to reconvene later today to set up a new plan for testing.