LATEST: Britney Spears lost custody of her two sons because she doesn't have a valid driving licence, according to her lawyer. Attorney Sorrell Trope claims Los Angeles Superior Court Commissioner Scott Gordon also handed Sean Preston, two, and Jayden James, one, over to their father Kevin Federline because Spears failed to take a random drug and alcohol test. The decision to grant Federline physical custody was made in a closed-door hearing in L.A. on Monday (01Oct07). Trope, tells People.com, "We weren't able to prove compliance with what the judge ordered. Specifically, the judge ordered that by 10am (Monday) morning, both parties show valid California driving licences. I've been unable to produce evidence of that." According to the Department of Motor Vehicles (DMV) Spears - currently charged with misdemeanour hit and run and driving without a valid licence - has never held a valid California driver's licence, but applied for one immediately after leaving court. Spears was also accused in court of failing to attend a drug and alcohol test, imposed by a previous court order. She will have to wait until the next hearing on Wednesday (03Oct07) to learn if she can win back custody of her sons.