Judge says Mayfield can drive
Driver is free to race at Daytona this weekend
Associated Press
Thursday, July 02, 2009

CHARLOTTE, N.C. --- Two months after a positive drug test for methamphetamines, Jeremy Mayfield is getting ready to return to NASCAR.

U.S. District Court Judge Graham Mullen on Wednes-day issued a temporary injunction to allow the driver to get back behind the wheel at Daytona International Speedway this weekend.

"This is huge for us," Mayfield said. "This means more to me probably than any race I've ever won or anything.

"Now we've cleared the air," he said. "Hopefully everybody will think different of me now."

Concluding the "likelihood of a false positive in this case is quite substantial," Mullen said as he ruled in Mayfield's favor after about two hours of arguments, including NASCAR's contention that Mayfield is a danger to the sport after testing positive for high amounts of a dangerous, illegal drug.

But Mullen sided with Mayfield's attorney, Bill Diehl, who argued the test results would only be accurate if Mayfield were a habitual meth user. If Mayfield used the drug at the levels the NASCAR test indicated, Diehl suggested Mayfield would be "either a walking zombie or he's dead."

In an affidavit filed last week, Mayfield denied ever using methamphetamines and said he didn't know how he failed the May 1 random drug test. He was suspended eight days later.

Mullen ruled the "harm to Mr. Mayfield significantly outweighs the harm to NASCAR" in issuing the injunction, which doesn't settle the larger civil suit filed by Mayfield or NASCAR's countersuit.

"We're disappointed, but we'll honor the court's wishes. That's where we stand," NASCAR chairman Brian France said. "I'm not going to comment on what we're going to do yet on the next legal process."

To address NASCAR's concerns of allowing someone who tested positive for an illegal drug back on the track, Mullen said NASCAR can test Mayfield constantly and ask for a hair sample.

NASCAR spokesman Ramsey Poston said Mayfield will be required to undergo a drug test if he attempts to qualify for Saturday night's race. Mayfield said he gladly would submit to any tests.

It's unclear whether Mayfield will be able to secure the money needed to bring his low-budget car to Daytona. The deadline to enter Saturday's race was June 23. Mayfield, however, still can join the race as a late entry until the garage opens at 8:30 a.m. day. Mayfield also suggested he might attempt to drive a car for another team.

"It's kind of late in the game right now, but we're able to go," Mayfield said.

From the Thursday, July 02, 2009 edition of the Augusta Chronicle
Reader Comments
Note: Comments are not edited and don't represent the views of The Augusta Chronicle. Please read our full comments policy. To report a post that may be inappropriate, click the icon.
Your comment will be attributed to
YOUR MESSAGE:
You have 1200 characters left.


advertisement

advertisement

TopJobs


Augusta-area Top Jobs
Distribution Inventory Control Recordkeeping, purchasing, bulk distributing, daily and monthly reports, inventory control. 706.868.6800 Full Time | Permanent Pro Resources $185 J#243 $-16 | hr & Full ... (more)
CROTHALL FACILITIES Stationary Engineer Must have prior experience in the operation and maintenance of water tube boilers, pumps, steam and condensate systems. Must be willing to work rotating shift... (more)
CLIENT SERVICES Call Center | Inside Sales NO TELEMARKETING! Answer sales calls & some outbound. $9-11+ | hr. Days! Full Time + Benefits! Fax Resume to: (706)868-9090 Email mgrhr05@yahoo.com (more)


© 2009 The Augusta Chronicle|Terms of service|About our ads|Help|Contact us|Subscribe|Local business listings


advertisement
advertisement