NASCAR asks court to put Mayfield back on suspension
NASCAR is appealing U.S. District Court Judge Graham Mullen’s decision to issue a preliminary injunction lifting the suspension of driver/owner Jeremy Mayfield, the sanctioning body said in court documents today.
NASCAR filed a motion Monday asking Mullen to suspend his decision from last Wednesday until the appeal could be heard, a common request that is a prerequisite for an appeal in a case such as this one. NASCAR also filed a notice that it will file an appeal with the U.S. Court of Appeals in Richmond, Va.
NASCAR claims that Mullen failed to properly consider the sophistication and sensitivity of the Aegis Laboratories drug testing procedures used to conduct NASCAR’s tests and the fact that Mayfield’s expert stated that the level of methamphetamine (48,000 nanograms per milliliter) indicates that Mayfield might be a chronic user. NASCAR also questions Judge Mullen’s reasoning that Mayfield could be tested daily, including with a hair test, to see if he is a safety risk. NASCAR says that there was no evidence at the hearing “that a reliable and accurate same-day test for methamphetamine exists which can ensure Mayfield’s drug-free participation in upcoming NASCAR events.”
“Mayfield continues to pose a threat to public safety, thereby warranting NASCAR’s immediate appeal of this Court’s decision,” NASCAR states in its filing Monday. Scenedaily
NASCAR– LOOK AT THIS PIC OF MAYFIELD, DOES THIS LOOK LIKE SOMEONE IS ON METH?? GET A GRIP NASCAR, LET THE MAN RACE,,,,,FIGURE A WAY TO DRUG TEST THESE MEN WITHOUT THE TESTS PERTAINING TO COLD MEDICATIONS, IN WHICH IS A PRIME INGREDIENT FOR MAKING OF METH,,,,,,,,,,,