Life & Style has learned exclusively that Kevin Federline’s lawyer, Mark Vincent Kaplan, is heading to LA Superior Court this morning to allege that Britney Spears was driving without a license over the weekend while her children were in the car!

Kaplan’s appearance this morning will be the latest move in Kevin and Britney’s ongoing custody battle over their sons Sean Preston, 2, and Jayden, 1. Insiders say Kaplan will also bring up Brit’s driving without a license on Aug. 6, when she was involved in an alleged hit-and-run motoring offense after crashing into a parked car in the San Fernando Valley.

Insiders tell Life & Style that Kaplan held an hour-long, closed-doors meeting with Commissioner Scott Gordon on Sept. 28, in which it’s understood that Kaplan discussed the alleged hit-and-run offense. At the time of the incident, Britney reportedly drove away from the scene, and it emerged that she did not have a California license when the owner of the other vehicle reported the crash to the police. If convicted of the offense, Britney could face up to six months in jail plus $1,000 in fines!

Meanwhile, Britney could face more legal trouble if she fails a court-ordered, random drug test, administered twice weekly. Lynn Soodik, a Santa Monica, Calif., based family attorney not involved in Britney’s case, tells Life & Style, “If she fails a drug test, the court might try monitored visitation, or no visitation until the tests come back clean. The court would be trying to protect the children.”

Brit’s rep couldn’t be immediately reached for comment.