NASCAR wants Mayfield ruling reversed
Motion asks judge to reverse decision lifting suspension
Associated Press
Tuesday, July 07, 2009

CHARLOTTE, N.C. --- NASCAR asked a federal judge Monday to reverse the ruling that lifted driver Jeremy Mayfield's indefinite suspension for failing a random drug test.

The motion filed in U.S. District Court asked Judge Graham Mullen to reverse the injunction he issued Wednesday that cleared Mayfield to return to competition. NASCAR also filed notice of its intent to appeal to the 4th U.S. Circuit Court of Appeals in Richmond, Va.

Mayfield was suspended May 9 for a positive drug test, and NASCAR has identified the substance as methamphetamine.

Despite his reinstatement, Mayfield didn't try to qualify for Saturday night's race at Daytona International Speedway, citing a lack of preparation time, and he isn't on the preliminary entry list for this weekend's race at Chicago.

In its filing, NASCAR disputed Mullen's conclusion that the chance of a false positive on Mayfield's drug test was "quite substantial" and contended that Mullen relied on facts "outside the record, including the purported existence of reliable hair sample tests and same-day tests for methamphetamine."

NASCAR said Mullen didn't properly consider the reliability of assessments by Mayfield employees that the driver did not take meth; the sophistication and sensitivity of NASCAR-commissioned Aegis Laboratories drug-testing procedures that prevent false positives; and an affidavit from a Mayfield expert that found the level of meth in Mayfield's sample would make him a chronic user.

Mayfield attorney Bill Diehl argued to Mullen that the driver shows none of the physical characteristics of a chronic meth user and that if he tested positive at the levels NASCAR claimed, Mayfield would be "either a walking zombie or he's dead."

Mayfield, who could not find a full-time ride after his 2006 firing from Evernham Motorsports, started his own team this season and qualified for five of the first 11 races.

Mayfield was randomly drug-tested May 1 at Richmond International Speedway and suspended eight days later. He's missed eight consecutive races since his suspension, and his team has not traveled to the past six events.

Mayfield has blamed the positive test on the combined use of Adderall for Attention Deficit Hyperactivity Disorder and Claritin-D for allergies, but that theory has been rejected by NASCAR's drug testing administrator.

From the Tuesday, July 07, 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
EXP CDL DRIVER for Septic Tank & Drain Cleaning Only Experienced Need Apply No Phone Calls Must Have Background Check & Copy of MVR Apply in Person at Budget Sewer Service 2614 Mike... (more)
Cargo Hauling Local Drivers for Top National Co! Home Every Night! Call 706.868.6800 CDL Full time, Permanent Jobs Pro Resources $185 J#320 Only local driving position! $-700 | wk & Benefits (more)
Driver- NO EXP NEEDED! PACKAGE HANDLER $13.78 | hr & Permanent NO SEASONAL WORK! 706.868.6800 Call today for immediate hire. PERM Pro Resources $185 J#128 (more)


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


advertisement
advertisement