NASCAR has asked a federal judge to reverse his ruling and keep driver Jeremy Mayfield off the track. NASCAR filed the motion asking U.S. District Court Judge Graham Mullen to reinstate Mayfield’s ban. The latest twist comes after Mullen’s decision last week to grant an injunction clearing him to compete. Mullen said the chance of a false positive on his drug test was “quite substantial.” NASCAR disputes Mullen’s conclusion, and says Mayfield poses a threat to public safety. NASCAR also filed a notice saying it plans to bring the case before a federal appeals court.(Associated Press)(7-6-2009) UPDATE: NASCAR on Wednesday asked an appeals court to ban Jeremy Mayfield from racing, alleging the participation of “a proven methamphetamine user” could lead to fatal consequences for other competitors and fans. NASCAR asked the 4th U.S. Circuit Court of Appeals to overturn last week’s injunction that lifted Mayfield’s indefinite suspension for a failing a random drug test. In the filing, NASCAR argues U.S. District Court Judge Graham Mullen relied on incorrect information when he lifted the suspension. If allowed on the track, NASCAR believes Mayfield poses a dangerous threat.(Associated Press)(7-8-2009) UPDATE 2: Mayfield attorney John Buric scoffed at the idea Mayfield is a potential danger and revealed the driver was tested twice Monday – once at an independent laboratory and once at his home by NASCAR. “He’s not a danger, and they have the right to test him anytime to find that out,” Buric said. “In fact, they did test him on Monday night at his home. A group of people went to his home and watched him pee in a cup. It was humiliating.” NASCAR’s appeal did not mention the most recent random test, but spokesman Ramsey Poston confirmed Mayfield was tested Monday evening. But Buric and NASCAR differed on what exactly happened during the seven-plus hours after Mayfield was asked to report for testing. Buric and NASCAR differed on what exactly happened during the seven-plus hours between the time Mayfield was asked to report for testing and when NASCAR collected a sample – a lag time the program administrator called “a classic case of delay tactics used by someone who doesn’t want to be tested. The standard procedure for this type of testing is notification to an individual and no more than a 2-hour time lapse before the sample is collected,” said Dr. David Black, CEO of Aegis Sciences Corp., which runs NASCAR’s program. “When an individual has more than two hours, they have an opportunity to engage in behavior that can mask a sample. When you are dealing with a seven-hour lag, there is a great opportunity for mischief.” NASCAR said Mayfield was notified by an Aegis representative at 1:18 p.m. Monday to report to a nearby testing center within two hours, but the driver said he had to first speak to his attorney. After a delay, Buric told NASCAR that Mayfield couldn’t get to the center by 3:18 p.m., so NASCAR said it found a lab closer to his location. At 3:45 p.m., Mayfield called the lab to say he was close but lost, and a receptionist offered to talk him the rest of the way, Poston said. NASCAR said Mayfield told the lab he would call right back but no one was contacted until 5:30 p.m., when Buric called NASCAR to inform them Mayfield could not find the location so the lawyer had sent him to an independent laboratory. Two testers and a NASCAR security officer arrived at Mayfield’s home in Catawba County, N.C., at 7:20 p.m., could not gain access for 10 minutes, and then weren’t able to persuade Mayfield to give a sample until 8:20 p.m. Even though Mayfield has been cleared to race, Buric said he doubted the driver will be in Chicago for this weekend’s event. Mayfield has until Thursday afternoon to enter his Mayfield Motorsports’ car or find another team owner willing to hire him for the event. “As of right now, he does not have any sponsors, he does not have anyone asking him to drive,” Buric said. “His career is all but ruined unless someone gives him a chance. But people are treating him like a pariah. We thought the injunction was an important factor in getting him back on track. As it appears to be turning out, having accomplished that doesn’t at all get him what he really wants: getting back in a car going around the track.”(Associated Press)(7-8-2009)
