Kiley tells Hollywood Today that her client Britney Spears “tested negative for drugs 10 times since October 10”

By Stacey Silberman

HOLLYWOOD, CA (Hollywood Today) 11/8/07 – Britney Spears has tested negative for drugs 10 times since October 10, according to her attorney Anne Kiley. The failed tests are actually the result of procedural errors which both sides want to iron out.

Mark Vincent Kaplan called a hearing today because he was concerned about Britney Spears four recently failed drug tests. He asked Commissioner Scott Gordon for a court order barring Spears from driving the two children because of the misinformation given by the drug testing companies. However, it turns out that it’s simply a big misunderstanding, according to Spears’ attorney Anne Kiley.

Kiley argued against the allegations in court today because she is concerned about some very specific procedural problems relating to the way the drug testing is carried out.

She proceeded to explain to Hollywood Today exactly how the procedure works in Britney’s case.

“The company will call her three times within an hour and if she doesn’t respond within an hour of the first call, then it will be deemed a failure to test by the drug testing company,” said Kiley today.

The drug testing facility is mandated to interpret this as a failed test.

For example, “if they call at 8am and she doesn’t call back by 9am, then they say it’s a failed test and we’re not going to come out and test you on this occasion,” Kiley expained. “This would be considered a fail by virtue of non-compliance.”

Due to this type of procedure, “The application of the law is unconstitutional,” said legal wizard Kiley, who is highly respected in her field of family law.

The problem is happening because Spears is not always calling back within an hour of the first call. Sometimes she’s sleeping or she may be busy working, but basically it’s an unreasonable time parameter for any person, let alone one who is busy with children and business dealings.

“What’s really offensive about this order is that you have to check your cell phone every hour 24- hours a day. 24-hours a day they are entitled to call her. And she must get back to them within one hour of the first call. You can’t go to a movie, nothing, said a frustrated Kiley.”

Kiley said she doesn’t particularly like the use of the six-hour test window because evidence shows that drugs stay in the system for 24 to 48 hours. Kiley would simply like to see a level playing field for her client regarding this terribly distressing matter.

“What the record will show today is that there were four attempts to test Spears since October 30. The first two test calls were made to the wrong phone number. The companies were told to call a specific number, but they called the wrong number anyway. Because of that, they say she failed two tests,” Kiley told HT.

She added, “That’s not her fault, it’s their fault.”

“The next two tests were early morning calls and because she didn’t get back within the hour, they refused to test, even though she was actually tested by another company anyway,” in which she tested negative for drugs, said Kiley.

“These last two incidents took place on November 1 and the other was possibly Monday of this week,” according to Kiley.

She said that not everyone wakes up bright and early at 8am. Britney certainly does not.

Apparently, Commissioner Gordon thinks otherwise because he told the court that he awakens at 7:30am himself. But Kiley reminded the court that Spears is a “pop star with a number one album to promote.”

Actually, as of this week, “Blackout” is at number two, after Billboard changed its rules to accommodate the Eagles first album in 28 years. Had Billboard not changed its rules at the last minute, than Britney would hold the first place slot at the top of the charts. But number two is a pretty comfortable place to sit too.

Kiley clarified that “drugs are not an issue here,” but it’s the procedure which is at fault. “Hopefully, we’ll be able to modify the drug testing procedure,” she said. Kiley believes that Gordon is amenable to changing the drug testing procedure so that the tests show a valid conclusion as to whether Spears has complied or not with court orders.

Based upon the amount of time Kiley’s spent with Kaplan on the matter, she’s comfortable that they’re going to be able to reach something “that’s more fair” and that both parties can live with.

“The matter is set for hearing on November 26.

Spears’ position regarding all of the publicity she’s currently receiving is that she’d really like to diffuse the publicity on this aspect of her life and focus the press more on her career.

She just wants to get through this case and move on, said Kiley on behalf of her client.