Mayfield FAILED Drug Test

[harvick#1]

suspended indefinitely

http://sports.yahoo.com/nascar/news;_ylt=AkXjsESJVeXg1v.950kkhmQ5nYcB?slug=ap-nascar-positivetest&prov=ap&type=lgns

[RaceFanStan]

"The suspension applies to Mayfield’s roles as owner and driver of the #41 Toyota.
Although the (#41) car can race next week at Lowe’s Motor Speedway with another driver,
Hunter said it (the #41 car) cannot be entered with Mayfield as the owner." Talk about blowing away his chance of making it as an owner/driver ... http://www.motorsportforums.com/forums/images/icons/rolleyes.gif

Hey Mayfield, I hope any high you got was worth it numbnuts. http://www.motorsportforums.com/forums/images/icons/rolleyes.gif

[markabilly]

I think the drug was speed or maybe the lack thereof, motivated him to try the drug route.....

[The instant classic]

shocked to know mayfield wolud do drugs, he doesnt seem like that kind of guy, i guess we dont know the drivers after all

[PSfan]

well now we know, huffing gas is also a gateway drug...

I blame this hussy
http://www.youtube.com/watch?v=PQPnLTWZPio

I'm thinking after sniffing her "perfume" for a while, he needed stronger!!!



Anyway on a serious note, does Nascar do the random testing on the car owners too? seems kinda stupid to not let him enter a car as an owner the other owners aren't even tested

[RaceFanStan]

No, I don't think they test the owners, I guess that is another risk of being an owner/driver. :eek:

(Michael Waltrip & Robby Gordon should take note, be smart & not jeopardize their futures.)

[call_me_andrew]

(Michael Waltrip & Robby Gordon should take note, be smart & not jeopardize their futures.)

You forgot Tony Stewart.

[RaceFanStan]

Yes, I did forget Tony Stewart ...
(I wonder if anger-management medication is approved.) :eek:

[RaceFanStan]

Mayfield speaks out ...

"In my case, I believe that the combination of a prescribed medicine and an over the counter medicine reacted together and resulted in a positive drug test. My doctor and I are working with both Dr. Black and NASCAR to resolve this matter."
Yep, that is what I would have said ... http://i57.photobucket.com/albums/g202/gr8link/orn/jo.gif

[Cart750hp]

I hope we're not talking about steroid in NASCAR coz this would be very very funny. I hope this is some sort of heroin or crack or even alcohol to make this news worth reading.

In baseball, football or soccer, and basketball, i see the use of steroid to increase their performance......but in NASCAR, what's the use?

[Lee Roy]

I hope we're not talking about steroid in NASCAR coz this would be very very funny. I hope this is some sort of heroin or crack or even alcohol to make this news worth reading.

In baseball, football or soccer, and basketball, i see the use of steroid to increase their performance......but in NASCAR, what's the use?

What is that supposed to mean?

[youtellme]

If he is a Druggie send him on his way. Don't need no druggies in NASCAR or anywhere.. He be putting a cap in his head next.

Can you imagian on TOP of the, well lets just say on the inside with all the perks of NASCAR on Friday.
Come Saturday you BUSTED and your OUT.
Put a FORK in him cause he is DONE. A has been.

He better have a healing, see the light, come to Jesus.
Can I get a AMEN.

[Sparky1329]

Mayfield speaks out ...

Yep, that is what I would have said ... http://i57.photobucket.com/albums/g202/gr8link/orn/jo.gif

Yeah, really. Let's face it. Jeremy isn't the sharpest pencil in the cup. The AP article on the subject has this interesting little blurb:


Just days after the Daytona 500, one of Mayfield's crew members became the first person punished under NASCAR's new drug policy for a failed test. Mayfield fired Paul Chodora after he was suspended.

And from ESPN at the time of that incident:


Pit crew member Paul Chodora of Jeremy Mayfield's No. 41 Sprint Cup team has been suspended indefinitely by NASCAR for violating the new substance abuse policy.

Chodora, who NASCAR confirmed was a member of Mayfield's team Thursday, is the first person to be punished under the policy that was amended last season to mandatory preseason testing and random testing throughout the season.

"Mayfield Motorsports respects the decision by NASCAR to indefinitely suspend Paul Chodora," Jeremy Mayfield said in a statement issued Thursday. "We as an organization appreciate NASCAR's drug testing policies and policing efforts as it makes the sport stronger overall. If Paul doesn't comply with NASCAR's reinstatement process, then he will no longer be an employee of Mayfield Motorsports."

Kevin Harvick fired two members of his Truck Series team that failed drug tests given by his organization, not NASCAR, prior to the season.

Mayfield's team was formed only a month ago and crew members were not all hired at the time of NASCAR's preseason testing in January. Chodora was given a license by the governing body to participate in Sunday's Daytona 500, then was tested and suspended after only a day and a half of work.

Chodora has served previously as a front tire changer with Johnny Sauter's team.

http://sports.espn.go.com/rpm/nascar/cup/news/story?id=3919515&campaign=rss&source=RPMHeadlines

[Wade91]

that sucks :( hopfully he can get the issue resolved with nascar

[Mark in Oshawa]

I have two issues with this. First off, I have little or no time for Mayfield, for if you guys were paying attention to his ouster from what was then Evernham Racing, it was his big mouth that got him gassed going on about Ray's affair with Erin Crocker in the press, and saying Ray wasn't committed to the team. So We can say right off Jeremy isn't the sharpest tool in the shed. He may have been right on some level, but telling the press all of this was brain dead.

Fast forward 3 years and we have Jeremy as a team owner and driver of his own effort getting nailed in a NASCAR drug test. Unlike the first example of Jeremy's brain dead behaviour, I tend to want to say I think I want more information. IT isn't enough to say "he failed" and cya. I want to know what they found. He claims it may be an issue with something he was taking legally under a doctor's care. Are the NASCAR testing procedures done by a 3rd Party?

Listen, I don't believe the guy is a druggie. Heck, I met him when he first was up with Kranefuss Haas driving the K-Mart T-birds and he was a decent enough guy to talk to then and although I think his big mouth got him pushed out of the 19 and his ride with Penske, I would like more information before I condemn the guy to eternity as a druggie. Somehow, I cant see him and Aaron Fike in the same category.

At least, not with the infomation provided. I am sure he was on something, but it would nice to be treated as adults and be told what....

[RaceFanStan]

NASCAR has a list of what is not approved substances ...

Perhaps Mayfield was taking some kind of pain medication & it popped him positive.
I don't think it was cocaine or any illegal substance like pot or meth or etc ...
Mayfield probably should have investigated into what he was taking, now it may cost him dearly. :s

Perhaps NASCAR will use good judgement if it was a positve due to Mayfield's ignorane of what he was taking ...
however sometimes using NASCAR & good judgement in the same sentence is an oxymoron. :s

[Sparky1329]

Here's some clarification on the subject. No lame excuses for you, Mr Mayfield. And, yes, the testing is done by a third party testing facility.

http://www.usatoday.com/sports/motor/nascar/2009-05-10-nascar-disputes-mayfield_N.htm

snippet:


"What we have is a clear violation of policy," said David Black, whose Tennessee-based Aegis Labs conducts NASCAR's random testing program. "In my many years of experience, I have never seen a violation like this due to the combination of over-the-counter or prescription products."

Black, citing NASCAR policy, declined to specify what caused Mayfield to test positive, saying it was "a drug of concern." NASCAR announced before Saturday's race at Darlington Raceway that Mayfield — the first driver tagged under the series' first-year mandatory testing program — had been suspended indefinitely.

Mayfield couldn't be reached for comment Sunday. His agent, Bobby Wooten, said Mayfield was taking allergy medicine when the urine samples were collected at Richmond International Raceway a week ago.

The series doesn't have a set list of banned substances, although drivers were warned before the start of the season that they would be screened for steroids, amphetamines and recreational drugs. Black said "there's no way a driver would be in violation" for using common cold and allergy medications as directed.

[RaceFanStan]

Many prescription pain medications are barbiturates & would likely be on the banned list.

[Sparky1329]

I would think so, Stan. I can recall some injured drivers going off their pain meds early in a race week so they were clear-headed for the race. That would lead me to believe that drivers clearly understood for years what they needed to do to be fit to race.

[Jonesi]

http://sports.espn.go.com/rpm/nascar/cup/news/story?id=4159387

I just knew when I heard Mayfield was disputing the test there was a 75% chance it involved "pseudoephedrine", and it's going to be a big legal mess.

[RaceFanStan]

http://sports.espn.go.com/rpm/nascar/cup/news/story?id=4159387

I just knew when I heard Mayfield was disputing the test there was a 75% chance it involved "pseudoephedrine", and it's going to be a big legal mess.
Pseudoephedrine is a decongestant & shouldn't be on the list anyway. http://www.motorsportforums.com/forums/images/icons/rolleyes.gif
WTF is NASCAR thinking :?: http://www.motorsportforums.com/forums/images/icons/icon8.gif

[RaceFanStan]

Sources close to the situation said Mayfield claims he took Claritin D,
an over-the-counter allergy drug that contains pseudoephedrine, a substance banned by most sports.
So much for Carl Edwards driving "Claritin clear" ... http://www.motorsportforums.com/forums/images/icons/rolleyes.gif

[Sparky1329]

I find it hard to believe that an OTC medication is on the banned list. That said I do agree with Dr Yesalis that NASCAR should provide drivers with a list of banned substances. Do we know that they don't?

[youtellme]

The problem here IS.. Mayfield is not raiseing hell saying nothing.
I mean if was a otc drug/something like that.. I would be in the media's face
24/7. On every outlet saying I have not SNORTED SMOKED ANYTHING..

He has NOT said anything in defence of himself. You would HEAR ME LOUD AND CLEAR how much BS is this is.
I'M CLEAN I DO NOT DO DRUGS.

Do you really think both he and a crew guy go popped for Pseudoephedrine?
Were there is heat there is FIRE. I think the boys are doing drugs.

[youtellme]

He might as well give his heart to JESUS. Have a healing coming on.
Get in Rehab, get CLEAN & start to see the light.
He might be HAVE the habit and have to give racing up.
He might be happy to get a job pumping gas or Wal Mart???

[muggle not]

VIAGRA........performance enhancing.

[call_me_andrew]

Pseudoephedrine is a decongestant & shouldn't be on the list anyway. http://www.motorsportforums.com/forums/images/icons/rolleyes.gif
WTF is NASCAR thinking :?: http://www.motorsportforums.com/forums/images/icons/icon8.gif

Sometimes OTC drugs can mix with banned drugs to create a false negative when testing for banned drugs.

[youtellme]

France said Friday he considers performance-enhancers and recreational drugs to be serious violations. But a person familiar with Mayfield’s test results told The Associated Press that Mayfield did not test positive for a performance-enhancing drug.

That means Mayfield tested positive for a narcotic or a controlled substance, such as cocaine, marijuana or methamphetamine.

[RaceFanStan]

VIAGRA........performance enhancing.
Mark Martin used to drive the Viagra car ... hmmmmmmm ...
could that be a factor in Mark Martin being such a "hard charger" lately ??? http://i57.photobucket.com/albums/g202/gr8link/orn/00.gif

[muggle not]

Mark Martin used to drive the Viagra car ... hmmmmmmm ...
could that be a factor in Mark Martin being such a "hard charger" lately ??? http://i57.photobucket.com/albums/g202/gr8link/orn/00.gif
It's "hard" to tell. Something seems to have charged the old man. :D

[NickFalzone]

France said Friday he considers performance-enhancers and recreational drugs to be serious violations. But a person familiar with Mayfield’s test results told The Associated Press that Mayfield did not test positive for a performance-enhancing drug.

That means Mayfield tested positive for a narcotic or a controlled substance, such as cocaine, marijuana or methamphetamine.

So cocaine or meth are not considered "performance enhancing" drugs? Odd line there. As far as the pseudophedrine, I guess it's possible, but I just think that's a bunch of BS. If NASCAR banned him for an OTC allergy drug, then I disagree with NASCAR. But I would be pretty naive to believe that they banned him for claritin D. Sorry, just don't buy it.

[youtellme]

OK This is a STEP in the right direction.. He must read this forum:
CONCORD, N.C. (AP)—Jeremy Mayfield insisted Saturday his positive test didn’t result from using an illegal drug and will consider legal action to rescind his indefinite suspension.

In an interview from the infield of Lowe’s Motor Speedway—where NASCAR later said he shouldn’t have been under the terms of his suspension—the Sprint Cup driver said he used a legal prescription drug, which he would not identify, and took Claritin-D to treat allergies.

He indicated he hasn’t been told what showed up in his positive test, which led to his suspension a week ago.

“A legal prescription drug, that’s what I take,” Mayfield said. “And I had allergies at Richmond that were really, really bad. On (May 7) I got a call and said you’ve tested positive for whatever they called it.

“I said, ‘OK, no problem. I’ve got all my paperwork ready.’ He said ‘You’ll fax that to us; it’ll cancel out your test.”’

[Mark in Oshawa]

If he tests positive because of what he says, then he will be back in the race car in a hurry wont he? However, there is the fact that the lab said no over the counter stuff could have done what this test showed. The Doc came right and said there was something here that isn't easily explained.

Jeremy can protest all he wants now, he waited a week before saying much of anything and that says to me he was trying to figure out a PR strategy. Not-Guilty innocent victims scream bloody murder, people with something to hide hire PR consultants.

The longer this goes on, the more obvious it was Jeremy took something that he shouldn't have for less than innocent reasons.

I am tired tho of NASCAR not just coming out and saying what this is. Many feel it isn't our business, but it stops the speculation and the judgement of whether NASCAR was wrong or Jeremy was wrong. It makes one or the other right and the other wrong and we can move forward. However, NASCAR being NASCAR has to keep it all under wraps....allowing silly people to question their motives or conspiracy theoriests room to create fantasies...

[Mark in Oshawa]

http://sports.espn.go.com/rpm/nascar/cup/news/story?id=4159387

I just knew when I heard Mayfield was disputing the test there was a 75% chance it involved "pseudoephedrine", and it's going to be a big legal mess.

I don't know where you get that from this article. The guy who questions the lack of a list ( something I agree NASCAR should publish ) still points out that even a doubling a dose of Clartin may make him unsuitable to race. He also backs the lab's assertion that no properly taken over the counter drug should have given an positive result of this manner.

It all comes back to Jeremy not coming clean here. HE took something that NASCAR didn't want him to take because they were concerned of the effect it would have on his judgement and ability to drive the race car. PERIOD. There is no hidden agenda to keep Mayfield out of NASCAR, heck he misses more shows than he made anyhow. He took something that he shouldn't have. That alone has him out of the car. All this whining about his allergies and crap is just a PR exercise so we don't think he was shooting smack or doing meth. I never felt he was doing either, but I suspect he has an issue with taking prescription drugs that he shouldn't be taking. He wouldn't be the first, and wouldn't be the last normal guy off the street that got addicted to something he doesn't need, or shouldn't be taking while driving race cars at 180mph.

[youtellme]

CONCORD, N.C. – Suspended owner/driver Jeremy Mayfield on Saturday night was asked to leave the infield area of Lowe’s Motor Speedway by NASCAR officials.

Mayfield left without incident.

Mayfield, who is under indefinite suspension by NASCAR for a violation of the sport’s substance abuse policy, stood atop a National Guard hospitality hauler near the infield tunnel entrance in Turn 3 watching his team compete in Saturday night’s Sprint Showdown, a preliminary event for the Sprint All-Star Race.

[muggle not]

Jeremy seems to have a habit of getting himself into trouble of one sort or another.

[youtellme]

Most Drug Addicts do that.

[Sparky1329]

That's true. Addicts lie very convincingly.

[oldhippie]

nascar says mayfield failed a drug test but wont say what drug it was
mayfield says it is a mistake and that he didnt do anything wrong
i think if nascar wont reveal the drug tests and what drug it is then mayfield should be reinstated
just because nascar says a driver failed a drug test doesnt make it so
in my opinion nascar must show the test results and back up their claim or stfu

[RaceFanStan]

I lean to agree with you old hippie.

NASCAR should be held acountable for their charges agaiinst a driver.
Prove it to the fans or else don't take action against the driver !
I hope everyone remembers the questionable debris cautions we experience often.
(you know the bogus debris cautions are used to bunch the field for a more exciting race.)

Can you really believe that a driver/owner would be so stupid as to risk losing everything just to take drugs ???
I really have to question the validity of NASCAR's claim against Jeremy Mayfield.
An alledged use of an undisclosed drug that merits suspension, all done in secret ...
I met Jeremy Mayfield, he was an arrogant snob but he didn't come off as being stupid to me.

C'mon NASCAR, step-up & prove your allegations against Jeremy Mayfield.
I resent an association that dictates rules without revealing them until an alledged violation occurs.
Show us fans the so-called drug list & WHAT drug Jeremy Mayfield alledgedly took.
NASCAR, dare to let us be the judge if you are going too far. http://www.motorsportforums.com/forums/images/icons/tongue-anim.gif

[Sparky1329]

It's illegal for NASCAR to divulge medical information because this country has a HIIPA Privacy Rule.

Some drivers have indeed been stupid enough to jeopardize their racing careers. Aaron Fike, Kevin Grubb and Shane Hmiel immediately come to mind. In my opinion Jeremy is exactly that stupid. His past actions cause me to form that opinion.

Like it or not, those who want to play in NASCAR's ballpark are required to follow their rules whatever they may be. If drivers don't like it they are free to race anywhere else they choose to. Like it or not, NASCAR can create their own rules on the fly or however they want to. They do it all the time and pss off the fans (myself included) on a regular basis. We, the fans, have the option of tuning out.

[muggle not]

It's illegal for NASCAR to divulge medical information because this country has a HIIPA Privacy Rule.

Some drivers have indeed been stupid enough to jeopardize their racing careers. Aaron Fike, Kevin Grubb and Shane Hmiel immediately come to mind. In my opinion Jeremy is exactly that stupid. His past actions cause me to form that opinion.

Like it or not, those who want to play in NASCAR's ballpark are required to follow their rules whatever they may be. If drivers don't like it they are free to race anywhere else they choose to. Like it or not, NASCAR can create their own rules on the fly or however they want to. They do it all the time and pss off the fans (myself included) on a regular basis. We, the fans, have the option of tuning out.Gotta agree with all of your post.

[RaceFanStan]

At least in an American court, the sessions are either open or the results disclosed.
I guess the concept of innocent until PROVEN guilty gives me a stumbling block.
To me NASCAR is more like the dictator countries we have heard about ...
a charge is leveled, a "trial" (read facing judgement) is held, then the person is sentenced. :s

So much for EVIDENCE of a violation, fair play & being held accountable ...
as long as the fans will accept such conduct NASCAR will remain the secretive giant it is. :s

[muggle not]

Read in the paper this morning where the doctor that did the test said that he explicitly told Mayfield the specific drug that caused the failure, and it wasn't an over-the-counter.

[Sparky1329]

At least in an American court, the sessions are either open or the results disclosed.
I guess the concept of innocent until PROVEN guilty gives me a stumbling block.
To me NASCAR is more like the dictator countries we have heard about ...
a charge is leveled, a "trial" (read facing judgement) is held, then the person is sentenced. :s

So much for EVIDENCE of a violation, fair play & being held accountable ...
as long as the fans will accept such conduct NASCAR will remain the secretive giant it is. :s

NASCAR isn't a court system. I've heard them being referred to as a "benevolent dictatorship" which sounds about right to me. You've probably heard me refer to them as the "Daytona Sopranos", another apt reference imo. They can do pretty much whatever they want because they're the only big game in motorsports in the US.

Apparently NASCAR has all the evidence they require with backup from a certified testing lab and that's all they need. Jeremy can trash them in the media all he wants but it's moot. He's a nitwit for thinking he can win. NASCAR will crush him like a bug.

[Lee Roy]

It's illegal for NASCAR to divulge medical information because this country has a HIIPA Privacy Rule.


Thanks for bringing up that important point. I work for an organization that has a very large medical component. I am not involved with the medical component at all, but I am required each year to take a short course on HIIPA and other privacy laws.

It's being handled the correct way. Between Mayfield and the Doctor.

[Lee Roy]

I got this over at Jayski, with the original source being the Associated Press.


Doctor: Substance revealed to Mayfield: The administrator of NASCAR's drug-testing program said Monday he personally told Jeremy Mayfield what banned substance was found in his positive test. Dr. David Black, CEO of Aegis Sciences Corp., which runs the testing program, said he specifically identified the drug in several conversations with the Sprint Cup driver over a three-day period after NASCAR suspended him. "I spoke with him about his positive test result on the day he was suspended, and I spoke to him directly about the test result," Black told The Associated Press. "Yes, by name of what he tested positive for." On Saturday, Mayfield said he was never told what drug caused the positive test and has yet to receive a copy of the results. Black said he was not sure if Mayfield has seen the test results because a copy would be issued by NASCAR, not Aegis. NASCAR spokesman Ramsey Poston said he was not aware of any request by Mayfield to obtain the results. "We'd be happy to provide one if he wants it," Poston said. "We've done this in the past upon request for those who tested positive." Mayfield maintains the use of a prescription drug with over-the-counter allergy medication Claritin-D led to his positive result. Black has repeatedly rejected that explanation.(Associated Press)(5-19-2009)

[RaceFanStan]

I feel bad for the Jeremy Mayfield fans, their fave has been found guilty by the "benevolent dictatorship".
No matter that Jeremy upholds his innocence, the Mayfield fans will have to find a new fave.

[Lee Roy]

I feel bad for the Jeremy Mayfield fans, their fave has been found guilty by the "benevolent dictatorship".
No matter that Jeremy upholds his innocence, the Mayfield fans will have to find a new fave.


Not too sure about that. From what was said in the AP report, Mayfield is entitled to a copy of the report and could publish it himself for all to see . . . . if he wanted to.

[Sparky1329]

Not too sure about that. From what was said in the AP report, Mayfield is entitled to a copy of the report and could publish it himself for all to see . . . . if he wanted to.

NASCAR can't divulge the test results but Jeremy most certainly could. I guess it doesn't serve his purpose to do that.

[Sparky1329]

I feel bad for the Jeremy Mayfield fans, their fave has been found guilty by the "benevolent dictatorship".
No matter that Jeremy upholds his innocence, the Mayfield fans will have to find a new fave.

Meh. I happens to a lot of us. I had to find myself another favorite after Feb 18, 2001. It didn't kill me and it won't kill them.

[RaceFanStan]

Yes, I feel February 18, 2001 was a dark day in NASCAR.
NASCAR hasn't been the same since that day. :s
=================================================
Now back on topic ...
I would just like to know what substance was alledgedly abused.
I think the other drivers need to know so they don't fall into a trap. http://www.motorsportforums.com/forums/images/icons/eek.gif

[muggle not]

Meh. I happens to a lot of us. I had to find myself another favorite after Feb 18, 2001. It didn't kill me and it won't kill them.
LOL, and there were a lot more of 'you' than there is of "them". :D

[Sparky1329]

Yes, I feel February 18, 2001 was a dark day in NASCAR.
NASCAR hasn't been the same since that day. :s
=================================================
Now back on topic ...
I would just like to know what substance was alledgedly abused.
I think the other drivers need to know so they don't fall into a trap. http://www.motorsportforums.com/forums/images/icons/eek.gif

I'd love to know myself but we probably won't ever find out. Did we ever find out definitively what substances Hmiel and Grubb were busted for? I know Fike's was heroin because he said that's what it was. If the driver or crew person who was busted divugles the substance then we'll know.

As for the other drivers I don't think it's fair for NASCAR to not tell them what's acceptable and what's not. I would think some things are a no brainer. I'm sure narcotic pain meds aren't acceptable but that's a no brainer as well because they're controlled substances.

My son is an independent owner/operator and he has to be careful what he uses in OTC meds that cause drowsiness. He can't even think about driving his personal vehicle if he's had any alcohol to drink. I don't know that he has a specific list from his insurance company or licensing authority but he doesn't take any chances with anything he knows could be questionable. His livelihood depends on it. I'm thinking most NASCAR drivers are operating under similar assumptions.

[Haulin'AssAndTurnin Left]

NASCAR can't divulge the test results but Jeremy most certainly could. I guess it doesn't serve his purpose to do that.

Spot on. He knows exactly what caused the test result. NASCAR said they told him and why wouldnt they?. Mayfields dug himself a huge hole by trying to play politics with NASCAR.

If he was really has nothing to hide way doesnt he just divulge the results.

[Lee Roy]

Spot NASCAR said they told him and why wouldnt they?

It was Dr. David Black, CEO of Aegis Sciences Corp., which runs the testing program, that told Mayfield what the substance was. NASCAR said they would supply him a copy of the test results.

Neither Dr. Black nor NASCAR can divulge the results without breaking Federal Privacy Laws and exposing themselves to legal action. The only person who can divulge the results is Mayfield himself.

Jeremy, the ball is in your court. Quit blaming everyone else.

[Jonesi]

NASCAR can't divulge the test results but Jeremy most certainly could. I guess it doesn't serve his purpose to do that.

Mayfield may not have anything in writting he can divulge, yet. You have the head of Aegis saying he gets the report through Nascar. I have to wonder if they have a nice little Catch 22 set up, where Nascar tells him to get the report from Aegis. Makes it real hard to file a lawsuit, get another lab to dispute Aegis findings or clear your name in the press.

From:
>By JENNA FRYER AP Auto Racing Writer
>"I spoke with him about his positive test result on the day he was suspended, and I spoke to him directly about the test result," Black told The Associated Press. "Yes, by name of what he tested positive for."
>On Saturday, Mayfield said he was never told what drug caused the positive test and has yet to receive a copy of the results.
>Black said he was not sure if Mayfield has seen the test results because a copy would be issued by NASCAR, not Aegis.

[Lee Roy]

Mayfield may not have anything in writting he can divulge, yet. You have the head of Aegis saying he gets the report through Nascar. I have to wonder if they have a nice little Catch 22 set up, where Nascar tells him to get the report from Aegis. Makes it real hard to file a lawsuit, get another lab to dispute Aegis findings or clear your name in the press.

From:
>By JENNA FRYER AP Auto Racing Writer
>"I spoke with him about his positive test result on the day he was suspended, and I spoke to him directly about the test result," Black told The Associated Press. "Yes, by name of what he tested positive for."
>On Saturday, Mayfield said he was never told what drug caused the positive test and has yet to receive a copy of the results.
>Black said he was not sure if Mayfield has seen the test results because a copy would be issued by NASCAR, not Aegis.


You must have missed this part in my post up above:


Black said he was not sure if Mayfield has seen the test results because a copy would be issued by NASCAR, not Aegis. NASCAR spokesman Ramsey Poston said he was not aware of any request by Mayfield to obtain the results. "We'd be happy to provide one if he wants it," Poston said. "We've done this in the past upon request for those who tested positive."

The ball is in Jeremy's court.

[Sparky1329]

Not a peep from Jeremy since Saturday. Maybe somebody told him the first rule of holes:

"When you're in a hole, stop digging."

[Jonesi]

Not a peep from Jeremy since Saturday. Maybe somebody told him the first rule of holes:

"When you're in a hole, stop digging."

They are talking about it on NascarNow right now. Hired attorney Diehl who recently was E Sadler's lawyer in his dispute with RPM.

[Jonesi]

You must have missed this part in my post up above:
NASCAR spokesman Ramsey Poston said he was not aware of any request by Mayfield to obtain the results. "We'd be happy to provide one if he wants it," Poston said. "We've done this in the past upon request for those who tested positive."
The ball is in Jeremy's court.

I saw it, but didn't know quite know what to make of it. Because if accurate, it opens Nascar to a huge liability issue. First of all, spokesman, like other PR & marketing & sales jobs fall into the BS artist field. They're often uninformed and don't always know when they are lying.

However if he is stating the truth, it means Nascar doesn't has a policy of doing legally significant actions in writing! Only verbally!!!!

In the 21st Century, a Billion dollar plus Corporation, doesn't give him a letter outlining: his suspension, pulling his Hard Card ID, and banning him from the premises. Along with a copy of his test results, a copy of his second test results, a copy of the rules he violated, a copy of the banned chemical list, a copy of his rights under state & federal laws, etc. And then request he sign a paper stating he receive all those documents. HOW IN THIS DAY & AGE DOES A COMPANY, VERY MUCH IN THE PUBLIC EYE, NOT DO THIS??? Do they have an attorney giving them advise like: "Nah, you're big rich and arrogant, do it any way you want"?

[Lee Roy]

I saw it, but didn't know quite know what to make of it. Because if accurate, it opens Nascar to a huge liability issue. First of all, spokesman, like other PR & marketing & sales jobs fall into the BS artist field. They're often uninformed and don't always know when they are lying.

However if he is stating the truth, it means Nascar doesn't has a policy of doing legally significant actions in writing! Only verbally!!!!

In the 21st Century, a Billion dollar plus Corporation, doesn't give him a letter outlining: his suspension, pulling his Hard Card ID, and banning him from the premises. Along with a copy of his test results, a copy of his second test results, a copy of the rules he violated, a copy of the banned chemical list, a copy of his rights under state & federal laws, etc. And then request he sign a paper stating he receive all those documents. HOW IN THIS DAY & AGE DOES A COMPANY, VERY MUCH IN THE PUBLIC EYE, NOT DO THIS??? Do they have an attorney giving them advise like: "Nah, you're big rich and arrogant, do it any way you want"?

Whatever. Then if that is true, Mayfield has a good reason to sue NASCAR. Let's see if he has as much success as everyone else that sues them. If he has a case, then it shouldn't be a problem.

BTW, Mayfield isn't an employee. Drivers and Teamowners are considered independent contractors. They can tell him that he's not welcome if they want too.

[Lee Roy]

I saw it, but didn't know quite know what to make of it. Because if accurate, it opens Nascar to a huge liability issue. First of all, spokesman, like other PR & marketing & sales jobs fall into the BS artist field. They're often uninformed and don't always know when they are lying.


Oh, spokes persons are not always BS artists. Sometimes they are the mouthpiece for the corporation.

[Sparky1329]

Whatever. Then if that is true, Mayfield has a good reason to sue NASCAR. Let's see if he has as much success as everyone else that sues them. If he has a case, then it shouldn't be a problem.

BTW, Mayfield isn't an employee. Drivers and Teamowners are considered independent contractors. They can tell him that he's not welcome if they want too.

+1

Comparing Sadler's issue with RPM and Jeremy's with NASCAR is apples to oranges.

[Lee Roy]

Here was a chance for Jeremy to clear the air. Read down and see where he provides all the information to clear up this misunderstanding.


Mayfield's lawyer talks to Sirius Speedway: Wednesday on "Sirius Speedway" on Sirius NASCAR Radio, host Dave Moody spoke with Bill Diehl, the attorney for suspended driver Jeremy Mayfield.
Host, Dave Moody: "Has there been at this point and will there be a lawsuit filed in this matter?"
Bill Diehl: "First question, no lawsuit has been filed. Will there be a lawsuit? That will depend on what happens between Jeremy and NASCAR which ought to be known in the next couple of days."
Moody: "What kind of conversations are being had between Jeremy and yourself and NASCAR and their representatives right now to try and settle this?"
Diehl: "The conversations I'm having with Jeremy I'm not going to tell you about. The conversations I'm having with the NASCAR lawyer with whom I've been dealing I'm not going to talk about. But they're obviously focused on whether or not Jeremy was suspended properly. Is what happened to him legitimate and should he stay suspended? Should he have to go through some type of rehabilitation, if you will, that they've asked for? So those issues are what we're talking about. Should that happen? Or, the alternative is, has he been mistreated and have they improperly deprived him of a way to make a living? There are some side issues. They've said a lot of unpleasant things about him that Jeremy doesn't believe are true. There's a separate remedy for that kind of behavior."
Moody: "Specifically what has been said about him?"
Diehl: "I haven't heard it directly so what I'm telling you is what's been published. I read a report where Mr. France gratuitously announced that the serious recreational drug use by Mr. Mayfield was very difficult, very bad and they weren't going to tolerate it. Accusing somebody that's driving a race car a couple hundred miles an hour of serious recreational drug use, that's probably not too good thing to say about him. Especially if it's not true."
Moody: "Can you tell us what specific substance has NASCAR accused Jeremy of having in his system?"
Diehl: "I could tell you. I'm not. But we do have two reports that they furnished me yesterday and then they just sent me one a couple hours ago that they hadn't furnished. So we've got two reports but I'm not going to talk about them yet. If we get in a situation where we've got to talk about them then we'll talk about them. But I'm not going to talk about them today."
Moody: "Do the two reports come to the same conclusion? Do they name the same chemical substance?"
Diehl: "I'm not going to talk about what the reports say except to tell you I have them. And then you've already been told or I've read lots of stuff that indicate what the NASCAR reps have said and what this guy, [drug test administrator Dr. David] Black, has said. The game about what is in the report is probably just that at this point. It's a game but I'm not going to participate in that game currently beyond saying that they finally furnished us two reports which they probably should have given to Mr. Mayfield long before this week."
Moody: "Jeremy has said from the start of this that this all boils down to a prescription medication that's been prescribed by a doctor for his allergies combined with a couple of Claritin D tablets that he took on the day in question in Richmond. Can you tell me what the prescription medicine that he is taking was?"
Diehl: "No, I won't reveal that yet but again that's something that he's told NASCAR. They know what it was and they've gotten the information from the doctor. They're dealing with everything Jeremy could have furnished them about anything that he'd taken, according to Jeremy. He did take a prescription drug and he does have a medical doctor who prescribed it and they have that data and they had the information about the Claritin D."
Moody: "What would it take at this point to avoid taking this to the court system? What would have to happen here in the next few days to avoid a lawsuit?"
Diehl: "Some type of acknowledgement that what happened was a mistake on the part of somebody in connection with what they did and how they did it. We're exploring that with them. We can't put Humpty Dumpty back together again. They've said it. They've suspended him. We know there are a couple of reports because we now see them. Somebody is going to have to come forward and acknowledge that, well, we thought we did what we were supposed to do, maybe we made a mistake, let's try it again."
Moody: "What's Jeremy's frame of mind and attitude right now?"
Diehl: "I think he's very upset and he's insulted. He's had a 17 year career, had some successes. He's just getting started with his own team, and this sort of takes you out at the knees if you're suddenly accused of being a recreational drug user and you're suspended from doing what you get paid to do. So, he's upset. He's trying to keep a handle on it, I think. Hopefully he's listening to what I tell him to do. He wants everybody to know that he's not guilty of what he's accused of."
Show personality, Suzie Armstrong: "How soon did he contact you after he was notified by NASCAR about this?"
Diehl: "I don't remember the date. When I knew about it I think I was watching the race from Darlington on television and it came on that he'd been suspended. And that occurred, if my memory was right - I'm not looking at a calendar - May the 9th, a Saturday. And then he called me the next week when I got back in town."
Moody: "Is there any unofficial timeline at this point for you to decide whether or not this takes the next step into the legal system?"
Diehl: "Yes, there is but I'm not going to tell you what it is."
"Sirius Speedway" airs every weekday (3-7 pm ET) exclusively on Sirius NASCAR Radio.(Sirius XM Radio)(5-21-2009)

[Mark in Oshawa]

Diehl is likely trying to limit the damage at this point. Sparky and Lee Roy have this right on the button.

Jeremy lost any sympathy he could have had with me when he showed up in the hospitatity area at the All Star race and inside the credentialed zone to hold court which he was NOT supposed to do. He know's the rules and broke it knowingly on this. It is obvious he has an issue with authority. He was playing a game with the media to try to embarass NASCAR and THAT was not very bright.

Only Jeremy can tell us what he took, and he just wants to admit to Clartin D, because they sponsor Edwards and he figures he might gain some sympathy on this deal. He wont say what the other drug is, and he wont admit he has been even told, which is BS and we all know it is. NASCAR isn't going to allow anyone with a positive test on the race track. Period. This isn't a court of law people, they are protecting all the others who pass their drug tests.

NASCAR told him through the lab what he was testing positive for. You guys want to bet the paper trail and protocols wont stand up in court? He is LYING and he will get no where by trying to discredit the lab.
Jeremy's only smart move was hiring the lawyer and going underground. Too bad he didn't do that after one week of making himself look like a moron.

His big mouth has always gotten him into trouble in the past, and now he cant afford it.

NASCAR will have their day in court it seems, and when THAT happens, we will all know what drugs were in there and I have a lot more respect for the test lab in question than Jeremy's word.....

[Mark in Oshawa]

Stan...as for his fans, they will all pile into their school bus and go home. I cant imagine there are millions of people worrying about Jeremy's fate. He had fans when he had a ride with Penske, and he less after burning his bridge with Ray Evernham. He had even less when he talked his way out of Haas last year.....cant be too many people left.

[Sparky1329]

Diehl is likely trying to limit the damage at this point. Sparky and Lee Roy have this right on the button.

Jeremy lost any sympathy he could have had with me when he showed up in the hospitatity area at the All Star race and inside the credentialed zone to hold court which he was NOT supposed to do. He know's the rules and broke it knowingly on this. It is obvious he has an issue with authority. He was playing a game with the media to try to embarass NASCAR and THAT was not very bright.

Only Jeremy can tell us what he took, and he just wants to admit to Clartin D, because they sponsor Edwards and he figures he might gain some sympathy on this deal. He wont say what the other drug is, and he wont admit he has been even told, which is BS and we all know it is. NASCAR isn't going to allow anyone with a positive test on the race track. Period. This isn't a court of law people, they are protecting all the others who pass their drug tests.

NASCAR told him through the lab what he was testing positive for. You guys want to bet the paper trail and protocols wont stand up in court? He is LYING and he will get no where by trying to discredit the lab.
Jeremy's only smart move was hiring the lawyer and going underground. Too bad he didn't do that after one week of making himself look like a moron.

His big mouth has always gotten him into trouble in the past, and now he cant afford it.

NASCAR will have their day in court it seems, and when THAT happens, we will all know what drugs were in there and I have a lot more respect for the test lab in question than Jeremy's word.....

Jeremy is not very bright. As I said earlier in this topic his past, and now current, actions prove that point. He has a big mouth and he lacks the intelligence and discretion to know when to shut it. I hope he files a lawsuit and takes on the testing lab and NASCAR. That should pretty much finish him off if he isn't already toast.

[Mark in Oshawa]

Jeremy is not very bright. As I said earlier in this topic his past, and now current, actions prove that point. He has a big mouth and he lacks the intelligence and discretion to know when to shut it. I hope he files a lawsuit and takes on the testing lab and NASCAR. That should pretty much finish him off if he isn't already toast.

You are like me Sparky, you want to see this end definitively and you want Jeremy hoisted up and skewered on his own BS.

I held back calling him an idiot when this first started, but I think you and I are on the same page. We would love to know what he took, and we want him to be exposed.

Too many people in NASCAR wont say what many of us fans believe. Jeremy has a big mouth and it is about time someone shut it..

Of course, if he didn't learn after talking his way out of rides with Penske and Evernham, then it is likely it will never shut, but at least if he talks his way out of the sport, we don't have to listen to him any more...

[youtellme]

nascar has taken a page from bill clinton's play book. when monica and bill were in the news, bill offered up a distraction to divert attention. same thing here with carl long............

[Sparky1329]

nascar has taken a page from bill clinton's play book. when monica and bill were in the news, bill offered up a distraction to divert attention. same thing here with carl long............

Time to readjust your tin foil hat, ytm. It's cramping a few brain cells.

[willracefan]

i dont believe this for a second. what could mayfield have been taking? this doesnt make sense at all, mayfield and his wife are not dirty people. i dont believe he was doing drugs, no way. something has to be wrong here.

[Sparky1329]

i dont believe this for a second. what could mayfield have been taking? this doesnt make sense at all, mayfield and his wife are not dirty people. i dont believe he was doing drugs, no way. something has to be wrong here.

Geez, ytm. You're taking this whole mess very personally. Neither you nor I know what anyone, including the Mayfields, is doing in their own personal space. What's wrong is that Jeremy thought he could thumb his nose at the rules and get away with it. It happens all the time to people who are much smarter than Jeremy Mayfield.

If he thinks he's clean he should sue NASCAR. His attorney has advised him to shut up but hasn't yet filed a lawsuit. According to the news reports NASCAR is not backing off and has no plans to do so. The ball is in Jeremy's court. Period.

[willracefan]

to the person who said all of jeremy's fans can pile into a schoolbus and leave, he may have that many no.1 fans but the majority of race fans do root for underdogs to win if their favorite driver isnt contending, like say if it was mayfield vs. kyle busch or montoya, they would want mayfield to win.

[Haulin'AssAndTurnin Left]

to the person who said all of jeremy's fans can pile into a schoolbus and leave, he may have that many no.1 fans but the majority of race fans do root for underdogs to win if their favorite driver isnt contending, like say if it was mayfield vs. kyle busch or montoya, they would want mayfield to win.

Most fans also dont want their favourite driver killed by some dude driving around doped up on crack either.

[Lee Roy]

Most fans also dont want their favourite driver killed by some dude driving around doped up on crack either.


Unless you know for sure, and have evidence to share with the class, it's really not a good idea to make insinuations of illegal drug use.

[oldhippie]

the substance and the test results have not been revealed to the fans
people can speculate all they want but it comes down to who do you trust
nascar made a claim without offering proof to the fans
mayfield claims it is a mistake but offers no proof
as far as nascar is concerned it is case closed - mayfield is suspended

[Mark in Oshawa]

to the person who said all of jeremy's fans can pile into a schoolbus and leave, he may have that many no.1 fans but the majority of race fans do root for underdogs to win if their favorite driver isnt contending, like say if it was mayfield vs. kyle busch or montoya, they would want mayfield to win.

That was me, and there are plenty of underdogs in NASCAR and I cheer for a few of them. That said, Mayfield wasn't one of them. His big mouth talked its way out of 2 first class rides in his life for reasons most of us would have had the decency to shut up about (commenting about Ray Evernham's love life while moaning to reporters). My sympathy for him was pretty much gone, although I didn't hate the guy. Then he tested positive. Everyone wants to think he didn't do anything wrong with drugs. Everyone wishes he didn't test positive. I don't personally want to see him out of the sport, but I am not so naive to belief that this was just some bad dose of Clartin and something else.

What people have to realize is what he tested positive for is likely something that raised eyebrows at NASCAR. They didn't just phone up some lab and ask for a price to do testing. This program is being done by a lab that has set protocols, and monitors for substances of concern to not just NASCAR but likely any company wanting drug testing to make sure anyone in violation wouldn't be offering heavy machinery or whatever. I am tested as a trucker, and the protocols and safe guards taken with my tests are extensive. You can believe that the NASCAR drivers are taking tests with likely more elaborate measures to ensure no tampering and no false positives are given.

In short, Jeremy took something he shouldn't have. Prescription or illegal we don't know but you can bet it is something NASCAR doesn't want its drivers piloting stock cars while under the influence. PERIOD.

My bet is it isn't illicit, but likely a prescription drug he cant do without.....you guys can speculate on what THAT is.....

[Chaparral66]

A friend of mine called me from Florida recently and told me he talked to a lawyer who says that Mayfield just may have NASCAR by the shorthairs if he decides to sue, due to the fact that NASCAR allegedly has never released a comprehensive list of banned substances, like just about every other sports league in the country. It might not be enough to just tell them what's banned, especially after the fact. If this is true, Mayfield, who at this point will never get another decent ride in Sprint Cup, may have nothing to lose and go after NASCAR, which if successful, might force NASCAR to open up its books which it will fight with vigor.

Now MY lawyer friend here in my neck of the woods says Mayfield does have a good case if the facts revealed to me by my Florida friend are accurate.

But...

NASCAR does have a discretionary clause called 12-4A which covers conduct "detrimental to stock car racing", which my lawyer friend suggests is a loophole that might help NASCAR fight the lawsuit. This rule is something that every driver who competes has to agree to. Only thing is, is this rule too broad and unspecific to allow NASCAR to arbitrarily enforce certain restrictions they don't have in written form anywhere? Does the fact that at least right now, NASCAR can come in and accuse someone of failing a drug test for a substance that is not on any provided comprehensive written list, made available to competitors and their medical practitioners, pass any reasonable legal test? Inquiring minds want to know.

[Lee Roy]

nascar made a claim without offering proof to the fans

NASCAR is forbidden to by Federal Law.


mayfield claims it is a mistake but offers no proof


Mayfield isn't.

[Jonesi]

From ESPN

Mayfield Goes To Court to Lift Ban
Jeremy Mayfield sought a temporary restraining order on Friday in an attempt to lift his suspension and return to his No. 41 Sprint Cup car until his case is settled
Court to continue case next week by David Newton ESPN.com

CHARLOTTE N.C. -- A judge on Friday denied Jeremy Mayfield's request for a temporary restraining order that would have lifted the NASCAR driver's suspension and enabled him to race his No. 41 Sprint Cup car until his case is settled.
A hearing was scheduled in Mecklenburg County Court for Wednesday to allow a judge to determine whether Mayfield, who was suspended May 9 for violating NASCAR's substance abuse policy, can compete at Pocono next weekend.
The judge on Friday issued a gag order preventing attorneys for Mayfield and NASCAR from discussing the case.
Mayfield and his attorney, Bill Diehl, filed a lawsuit on Friday challenging NASCAR's suspension of Mayfield on what it said was a failed random drug test.
In presenting Mayfield's side, John Buric, an attorney in Diehl's firm, said Mayfield had taken Claritin-D, an allergy drug, in addition to Adderall, a prescription medication used to treat attention deficit disorder.
Buric said according to NASCAR, Mayfield had tested positive for amphetamines; Adderall is a name-brand amphetamine. Mayfield was indefinitely suspended by NASCAR as a driver and owner on May 9 for violating its substance abuse policy.
It was not immediately clear whether Adderall or its ingredients are on NASCAR's banned substance list. NASCAR has not identified which drug Mayfield tested positive for or made its list of banned substances public.
Mayfield has contended from the beginning that he did not do anything wrong and that the positive test was the result of combining a prescription drug with Claritin-D. Dr. David Black, who runs NASCAR's testing program, has since ruled that out as a possibility.
Mayfield's request for an injunction listed seven charges, from breach of character to unjustly preventing Mayfield from participating in any NASCAR function and thus earn a living. Diehl also asked that NASCAR officials stop talking publicly about Mayfield's drug test.
Before the ruling, NASCAR's attorneys, led by Paul Hendrick, had sought more time to respond to the complaint, saying there was no way for Mayfield to race this weekend.
Hendrick said Mayfield should not be allowed back on the track. "We cannot allow people to drive when we think that he has issues of drug abuse or a positive test," he said.
Buric said the drug test results should be thrown out and Mayfield allowed to drive again. He said the specimen collection process was not properly conducted and the second test was not conducted by a different lab than the first test -- a violation of federal guidelines for drug testing.
"There is nothing he can do to fix this but throw out the results and let him go out and race," Buric said.
Hendrick argued that NASCAR is not held to federal employee guidelines because it is a private entity. He said the drug Mayfield tested for was a "dangerous, iIlegal, banned substance" and that to allow Mayfield to drive would be dangerous to the driver, other competitors and fans.
NASCAR president Mike Helton was in attendance with spokesman Kerry Tharp, as was Mayfield and his wife Shana, who is the owner of Mayfield's racing team while he is suspended.
NASCAR chairman Brian France said the suspension was for a "serious infraction," defining "serious" as the use of a recreational or performance-enhancing drug. Sources have said Mayfield did not test for a performance-enhancing drug.
Mayfield hired Diehl, one of North Carolina's most prominent attorneys, to challenge the findings. Diehl said it was "pretty compelling that we get" the restraining order.
"If [the judge] signs it, it'll lift the suspension," he said.
France said last weekend at Lowe's Motor Speedway that the governing body has no plans to settle the issue out of court and stands by its policy.
Meanwhile, in Dover, Del., the Sprint Cup team owned by Shana Mayfield withdrew its entry for this weekend's race.
Mayfield Motorsports did not bring the No. 41 to Dover International Speedway and attempt to qualify for Sunday's race.
JJ Yeley was originally on the entry list, but a posting on his Web site said he would not be travelling to Dover. There was no team hauler in the Cup garage Friday.
David Newton covers NASCAR for ESPN.com. Information from The Associated Press was used in this report.

[RaceFanStan]

I don't think I would want to race on a track against a driver who has an "attention deficit disorder". :s
Think about it, if a driver loses his attention at 190 mph someone is likely hitting the wall. :s

[NickFalzone]

These ADD drugs came under fire in MLB the last couple years, guys getting them prescribed despite no medical need for it. Ritalin, Provigil, Adderall, all getting abused. Also college kids have been known to get them on the street when studying for finals. If Mayfield, or Mayfield's doctor, can prove that he had a medical need to have this drug prescribed then maybe he has a case. Like testosterone getting prescribed to weightlifters that don't medically need it, it's kind of a gray area but more often than not it's seen as unnecessarily prescribed. As an amphetamine, it seems very possible to me that Mayfield legitimately took claritin D and Adderall and the test showed that he had amphetamines in his system, so technically by the law he may not have been using illegal drugs. NASCAR's lack of a specific banned list makes this more complicated.

[Sparky1329]

NASCAR's attorney is saying this is not about amphetamines. Mayfield supposedly tested positive on three drugs but two of them were thrown out because he had an explanation for them. There are links to the PDF files from the lawsuit at That's Racin'.


http://www.thatsracin.com/140/story/10476.html


On Friday, attorneys for Mayfield and NASCAR gave differing accounts of what the test results showed.

Attorneys for Mayfield said NASCAR told him he tested positive for amphetamines. They told a judge the driver had been taking medication for allergies and an attention deficit disorder drug, Adderall.

But Hendrick , the NASCAR attorney, said Mayfield tested positive for three drugs. Hendrick said officials threw out two because Mayfield had an explanation.

Hendrick said the third drug is “a dangerous illegal substance,” but did not name it. At one point, Hendrick said, “This case is not about amphetamines.”

[youtellme]

CHARLOTTE, N.C. (AP)—Suspended NASCAR driver Jeremy Mayfield must wait until next week for a judge to rule whether his suspension for a failed drug test should be overturned.

Mayfield filed a lawsuit Friday challenging the indefinite suspension, saying NASCAR did not follow its drug-testing policies and left the driver with no way to prove his innocence.

Mecklenburg County Superior Court Judge Forrest Bridges set a hearing for Wednesday, saying an immediate ruling was not necessary because Mayfield Motorsports is not racing this weekend. A different judge will preside over that hearing, but Bridges warned both sides not to discuss Mayfield’s test results in the meantime.

[Chaparral66]

Seems to me the judge would within his rights to not only ask what Mayfield tested positive for, but to also see a list.

[Mark in Oshawa]

The only thing I think NASCAR has really exposed themselves on is not having a definative list out there for the public and racing community to see. That said, I cant see how Jeremy gets out of this. The BS from his lawyers is breathtaking. In the the "thats Racin" article, the lawyers accuse NASCAR's lab of botching the test. That is crap. I think the testing labs involved know how to do this. Drug testing programs are not seat of the pants affairs, there is a protocol and a paper trail for how samples are taken, samples are tracked and tested. I go through this once or twice a year and I cannot imagine that NASCAR would go to some guy's drug store some place and ask them to run a major drug testing program. This is a lab with some experience and you can bet this isn't their first rodeo when it comes to standing behind their results in court.

Furthermore, Jeremy offered to do a retest. Well hell's bells Jeremy, if you think you are clean THIS time, why would you take the test with something in your system at the first test and not advise NASCAR what you took? Any time you take one of these tests you are asked for what you may have taken in the last month that might give a positive test. You kept your mouth shut. Maybe for the first time. So you were guilty of NOT admitting you were on some ADD drug? Trying to hide things is always a bad idea Jeremy.

Then Diehl told the court Jeremy was told by NASCAR he took amphetamines. I thought NASCAR didn't tell him? That was the crap Mayfield was telling the media a week or so ago.

When are you lying and when are you telling the truth? Diehl is trying to put enough BS out there that the truth will just be some nice smell in the corner of a room full of BS.

The longer this goes on, the LESS respect I have for a guy who initially I liked when I met him at the old Kranefuss/Haas shop. Since then, he has talked his way out of every good ride he has ever had, and now when he is with an owner who WONT fire him, he flunks a drug test.

ADD? HE has something alright...and I think he may have run his last race....

[RaceFanStan]

NASCAR attorney Paul Hendrick said the third drug is “a dangerous illegal substance,” but did not name it.
At one point, Hendrick said, “This case is not about amphetamines.” Common "illegal substances" (drugs) include :

Heroin (aka horse, smack, etc)
diacetylmorphine - refined from the opium poppy, a flower that grows in Asia, Mexico, & South America

Cocaine (aka coke, nose candy, etc)
a white powder that comes from the dried leaves of the coca plant that is found in South America

Crack Cocaine (aka crack)
a form of cocaine that gives a very quick, intense high, crack is made by cooking cocaine powder with baking soda,
then breaking it into small pieces called rocks

Crystal Meth / Methamphetamine (aka Meth)
a stimulant related to amphetamines but the central nervous system effects of methamphetamine are greater
It is a highly addictive drug that speed up your brain.
They are produced as pills, powders, or chunky crystals called ice.

Marijuana (aka pot, weed, mary jane etc)
made from the shredded leaves, stems, seeds, and flowers of the hemp plant (cannabis)

Hashish (aka Hash)
the sticky THC-rich resin from the cannabis plant

Ecstasy (aka X)
a stimulant drug that can cause hallucinations.
It is known as a designer drug because it is created for the purpose of making someone feel high
made in pill form from chemicals & is believed to elevate sexual pleasure

LSD
aka lysergic acid diethylamide, is a hallucinogenic drug
Once you go on an "acid trip," you can't get off till the drug's done with you - in about 12 hours !
Strange feelings and strong emotions are typical.
LSD can cause "bad trips" - users experience panic, confusion, sadness, and scary images.
Bad reactions can occur even with the first use and a user may have flashbacks,
(flashback = a person experiences the feelings of a bad trip even after the drug wears off)
It affects judgment and behavior, the user may get out of control.
================================================== ===
Sadly we don't have a clue what NASCAR's "illegal substances" are. :s

[Jonesi]

As NascarNow just went off, they said that there was breaking news that the hearing for Mayfield's case (was scheduled for tomorrow) may be moved to Federal Court!

Just found this link on Jayski:
http://hosted.ap.org/dynamic/stories/C/CAR_NASCAR_MAYFIELD_SUSPENSION?SITE=GENERIC&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2009-06-02-18-28-33

[Chaparral66]

To me, this hinges on the judge presiding over the case. If a judge thinks NASCAR's method of enforcement is appropriate, then Mayfield has no chance. If a judge thinks that NASCAR's rules are too broad in nature for this particular accusation - such as NASCAR rule 12-4A, conduct detrimental to stock car racing - especially considering the lack of a comprehensive list of banned substances, something just about all other top level pro leagues have, then Mayfield might be able to make a dent in the NASCAR armor.

Mark: I don't know if Mayfield is BSing or not, but that still doesn't absolve NASCAR from being accountable for its practices, even though it is a private entity. If this case comes to pass and NASCAR has to fall in line with other leagues in terms of being fair in how they administer drug tests, then this is a good thing.

[Sparky1329]

Regardless of the outcome in this case I'd venture to guess that Jeremy's goose is cooked as far as NASCAR goes. Whether he wins or loses in the end assuming there's an end somewhere, NASCAR can drag this case out until Jeremy has no more money left to fight. As my husband once told me about playing poker, "The guy with the most money wins.".

[Sparky1329]

It gets better....and not for Jeremy. :eek:

NASCAR files countersuit against Mayfield


Speaking at Pocono Raceway, NASCAR spokesman Ramsey Poston said the countersuit was filed against Mayfield for willfully violating NASCAR’s substance abuse policy, breach of contract, and defrauding NASCAR and its competitors of earnings.


"NASCAR’s counter claim states Mayfield knowingly participated in NASCAR competition using a combination of drugs in violation of the substance abuse policy and in doing so violated his contracts with NASCAR and the standards of care he owed fellow drivers and spectators," Poston said.


"NASCAR’s substance abuse policy – one of the toughest in sports – is in place to protect the competitors, spectators and the integrity of the sport."


NASCAR’s suit claims Mayfield’s admission to the use of another drug (Adderall-XR) without informing NASCAR – and his use of the drug at what NASCAR deemed unsafe levels – constituted another violation of the substance abuse policy.


That violation would be in addition to the as-yet unnamed illegal drug which showed up in his Richmond test. The name of the illegal drug was redacted throughout the court filings.

[speeddurango]

If he's banned from NASCAR, he can go to IRL.

[Nem14]

Like Mark said:

Stick a fork in Jeremy Mayfield, he's done. They have him by the huevos and have only just begun to squeeze.

http://sports.espn.go.com/rpm/nascar/cup/news/story?id=4235324

[Nem14]

If he's banned from NASCAR, he can go to IRL.And do what. Drive? ;>))

[Nem14]

One would hope Jeremy's attorney told him, repeatedly, NASCAR might counter-sue?

[Lee Roy]

If he's banned from NASCAR, he can go to IRL.


He probably could, but I imagine that Mayfield would like to make money at racing, not pay money.

[muggle not]

It gets better....and not for Jeremy. :eek:

NASCAR files countersuit against Mayfield
Is there any driver in Nascar dumber than mayfield. His mouth got him released from 2 good rides and now he will end up banned from Nascar completely.

[Sparky1329]

Is there any driver in Nascar dumber than mayfield. His mouth got him released from 2 good rides and now he will end up banned from Nascar completely.

No there isn't. He thinks he's smarter and more clever than most people are. He also thinks he's not expendable for some strange reason. Hubris is about to bite him right on the azz. NASCAR will crush him like a bug.

[Jonesi]

It really doesn't mean anything and not a surprise. A counter suit is legal Standard Operating Procedure. I'm sure Mayfield's attorney told him Nascar WILL counter sue.

[Chaparral66]

NASCAR may have to answer for the lack of a banned substance list. NASCAR is putting up a good front, but this is no slam dunk.

[Sparky1329]

Maybe so but Jeremy's days in NASCAR racing are over.

[Jonesi]

Maybe so but Jeremy's days in NASCAR racing are over.

I don't think so. If mayfield wins the case there's likely to be some anti-retalition clauses in the judgement, and even Nascar isn't so arrogant as to defy a federal court order.

[MD24]

http://sports.espn.go.com/rpm/nascar/cup/news/story?id=4245969

[MD24]

http://www.thatsracin.com/140/story/11399.html

[Lee Roy]

http://media.charlotteobserver.com/images/pdf/nascarpolicy.pdf

[Mark in Oshawa]

Jeremy apparently has been taking meth according to ESPN. Interesting.....and it makes sense when Dave Moody on Sirius Speedway interviewed the ESPN reporter who broke the story. Dave said that a drug expert told him that if Jeremy was taking Adderol, it would be likely to mask the use of Meth. Dave didn't report THAT to us listeners until this ESPN story broke.

Jeremy is done for. All you guys questioning the NASCAR drug policy and how it is implemented are watching the distraction while ignoring the fact one of the top league of NASCAR drivers was competing while under the influence of Meth, a drug that gives you a huge high, gives you a superhero complex and radically messes with your judgement. Not things I want in a guy beside me on the banking at Talladega...

[Lee Roy]

Jeremy is done for. All you guys questioning the NASCAR drug policy and how it is implemented are watching the distraction while ignoring the fact one of the top league of NASCAR drivers was competing while under the influence of Meth, a drug that gives you a huge high, gives you a superhero complex and radically messes with your judgement. Not things I want in a guy beside me on the banking at Talladega...


You know how it goes Mark, if Jeremy were to have had a bad wreck and it was found out in the care center that he was taking meth, these same people questioning NASCAR's drug policy would be screaming that NASCAR wasn't doing enough to make sure that drivers were not driving under the influence.

[Sparky1329]

That fact that meth "gives you a huge high, gives you a superhero complex and radically messes with your judgement" explains a lot. It sounds like an apt characterization of Jeremy's behavior.

[Chaparral66]

Mayfield's career isn't exactly over if he wins. If he wins he still has his own team, and canstill race. No other team is likely to hire him, although that theory has been proved wrong before.

[call_me_andrew]

Even if he doesn't win he'll still have his team.

The chances of him comming out of this and not looking like the bad guy are pretty low. He's already lost in the court of public opinion. Even if he wins, he can't win.

[RaceFanStan]

IF it is true that Mayfield was taking meth, his NASCAR driving career is over. :s
Mayfield may be able to keep his team & race it in NASCAR in his wife's name ...
but he better kiss her butt daily because once he signs over his team it is hers. :eek:

[Mark in Oshawa]

His WIFE can own the team in name only, but it means little. The whole reason Jeremy owned his own team because he is the only team owner who would employ him.

Lee Roy, you are right. If there was no drug policy and Jeremy was found out, they would have a bunch of villagers with pitch forks in front of NASCAR HQ wanting an explanation.

The NASCAR drug policy before was naive, this one is comprehensive and has worked. I am not an anti-drug fanatic, but the fact is the people over the wall and behind the wheel have to be of clear mind to do their jobs safely and well. The last thing we needed is a guy claiming ADHD, drugged to the eyeballs with a superiority complex, and it is obvious from how this is shaking out that Jeremy's judgement hasn't improved after being removed from the car.

Many people want to feel some form of sympathy for Jeremy for he is now being labelled a drug addict. I am going to annoy a few, but I don't feel one ounce of sympathy for him. Meth is dangerous as hell, it rots your mind and your body and you don't wake up one morning with it like a disease, you have to go out of your way to buy it illegally. Jeremy took this stuff for god knows what reason, and while I hope he gets cleaned up, and I feel some sympathy for Shana and anyone who loves him, I think he was a self absorbed twit for ever getting near this stuff in the first place, never mind getting behind the wheel under the influence of it....

[Lee Roy]

Let's all remember one thing. Mayfield has only been accused of taking Meth. It comes from a couple of anonymous sources based on a test that may or may not be showing a "false positive".

Let's give the guy his day in court before we convict him of being a "druggie".

[slorydn1]

Let's all remember one thing. Mayfield has only been accused of taking Meth. It comes from a couple of anonymous sources based on a test that may or may not be showing a "false positive".

Let's give the guy his day in court before we convict him of being a "druggie".


I'm with you on this one. I mean, look at the source of this latest twist. ESPN is known for its sensationalism and willingness to run with a story that has not been fully vetted. One needs to look no further than another large sports story in the news this week, Brett Favre. ESPN erroneously reported that the Minnesota Vikings have given Favre a "drop dead date" to make a decision on whether or not to come back. Seems someone failed to do their homework as this was completely false, yet ESPN was reporting it as gosple...

Now we have this story from "annonymous sources" that the drug in question was meth. I deal with with meth addicts on a daily basis and Jeremy does not look like a meth addict. Doesn't mean he's not, its just an observation. Oh, and what about these annonymous sources? ESPN was quick to say they were not violating the gag order, yet if they weren't, then why are they annonymous. It seems this reporter has some 'splaining to do, any one remember the "spy gate" reporter who ws jailed because she wouldn't tell the judge who her source was? If the judge wants to make an issue out of this, someone may be taking a summer vacation in a federal pen

[Mark in Oshawa]

I'm with you on this one. I mean, look at the source of this latest twist. ESPN is known for its sensationalism and willingness to run with a story that has not been fully vetted. One needs to look no further than another large sports story in the news this week, Brett Favre. ESPN erroneously reported that the Minnesota Vikings have given Favre a "drop dead date" to make a decision on whether or not to come back. Seems someone failed to do their homework as this was completely false, yet ESPN was reporting it as gosple...

Now we have this story from "annonymous sources" that the drug in question was meth. I deal with with meth addicts on a daily basis and Jeremy does not look like a meth addict. Doesn't mean he's not, its just an observation. Oh, and what about these annonymous sources? ESPN was quick to say they were not violating the gag order, yet if they weren't, then why are they annonymous. It seems this reporter has some 'splaining to do, any one remember the "spy gate" reporter who ws jailed because she wouldn't tell the judge who her source was? If the judge wants to make an issue out of this, someone may be taking a summer vacation in a federal pen

I am with you on most of this. However, ESPN pulling things out of the Favre comeback that isnt' there isn't something someone would sue over. IN this one, YES, I think Mayfield would have grounds to sue on deflamation of character if found innocent in a court.

The thing we all have forgotten tho, this isn't a criminal court proceeding. This actually is a civil proceeding. NASCAR says Jeremy failed the drug test, Jeremy said he didn't and is suing for the right to go back racing.

There is no assumption of being innocent or guilty here to take. ESPN however has come out and said the third drug is meth. NASCAR said there was a third drug and it was illegal. This was found out through a test done by a reputable drug lab with experience in running a drug testing program. While I may not want to believe Mayfield was doing meth, they aren't going to court just to give Jeremy and his lawyer something to do. This is serious stuff and it is well known that Adderol and Clartin are used to try to hide meth usage.

Jeremy doesn't look like a meth user, but there is something fishy going on and Mayfield has done nothing but make himself look like an @ss until that gag order came down.

This should be interesting...but I am believing what NASCAR has on this one.....

[Mark in Oshawa]

As for ESPN keeping their sources secret. They do that....all journalists do. You start naming sources, and you wont get anything from anyone. You can be sure that they talked this over with their legal department before they ran with it.

[Chaparral66]

I don't think Mayfield has lost in the court of public opinion. Don't forget, he's the first one in a long time with the stones to take on the 700 pound gorilla in NASCAR. The only way to get to the truth no is through court.

[Mark in Oshawa]

I don't think Mayfield has lost in the court of public opinion. Don't forget, he's the first one in a long time with the stones to take on the 700 pound gorilla in NASCAR. The only way to get to the truth no is through court.


Chap, that is only because people WANT to find fault with NASCAR. Listen to the Sirius NASCAR channel for about 6 hours and you realize the fandom out there seems to think NASCAR is picking on Carl Long and Jeremy and they cannot grasp that NASCAR doesn't do this stuff without having their t's crossed and I's dotted.

Anyone paying close attention and some knowledge of how the law works however knows Jeremy has placed his cojones in a vice and has given Mike Helton the handle.....

[Sparky1329]

Anyone paying close attention and some knowledge of how the law works however knows Jeremy has placed his cojones in a vice and has given Mike Helton the handle.....

Exactamundo. NASCAR has way more resources at it's disposal than Jeremy does. Even if Jeremy wins in court he still loses in a very big way. He's over in more ways than one.

[Mark in Oshawa]

Exactamundo. NASCAR has way more resources at it's disposal than Jeremy does. Even if Jeremy wins in court he still loses in a very big way. He's over in more ways than one.


You say this like Jeremy COULD win? I say he wont win because NASCAR wouldn't be putting this to the courts if they didn't have the goods on Jeremy. They are NOT going to go through this process and lose. The reason they started this all by suspending him in the first place is because the drug testing lab they are working with knows what they are doing and Jeremy can use all the liars/lawyers he wants, but he peed in the cup and they found something they don't want in a race driver.

He will not win in court. His best move should have been to plead for mercy, go to rehab and play the game. If you are going to stand in court with NASCAR, good luck. They don't lose in court kids....

[Chaparral66]

Yeah, but my point was how most everyone has sympathy for the underdog. Yeah, we know Mayfield gave his sample and NASCAR found something they didn't like. The point that lawyers sympathetic to Mayfield are saying is that NASCAR can't just abritraily say that they found a banned substance, not reveal what it is, while lacking a banned substance list available to competetitors and teams. I still think this case hinges on whether the court finds NASCAR's discretionary rules too broad and unspecific. If it does, Mayfield has a real shot. If not, Mayfield is screwed.

[Lee Roy]

You say this like Jeremy COULD win? I say he wont win because NASCAR wouldn't be putting this to the courts if they didn't have the goods on Jeremy. They are NOT going to go through this process and lose. The reason they started this all by suspending him in the first place is because the drug testing lab they are working with knows what they are doing and Jeremy can use all the liars/lawyers he wants, but he peed in the cup and they found something they don't want in a race driver.

He will not win in court. His best move should have been to plead for mercy, go to rehab and play the game. If you are going to stand in court with NASCAR, good luck. They don't lose in court kids....

Mark, have you ever been taken to court?

[Lee Roy]

The point that lawyers sympathetic to Mayfield are saying is that NASCAR can't just abritraily say that they found a banned substance,

It wasn't abritrary. It was part of a testing program.


not reveal what it is,

They can't reveal what it is to anyone other than Mayfield. Are you familiar with the Health Information Protection and Portability Act (HIPPA)? It's a Federal Law that NASCAR would have been in violation of if they had told anyone other than Mayfield. It's a pretty serious violation.


while lacking a banned substance list available to competetitors and teams.

Do you need to tell people that they can't drive race cars at 200 MPH while jacked up on Amphetimines??? Really Chap, think about it for a minute. It's a no-brainer.

[Sparky1329]

You say this like Jeremy COULD win? I say he wont win because NASCAR wouldn't be putting this to the courts if they didn't have the goods on Jeremy. They are NOT going to go through this process and lose. The reason they started this all by suspending him in the first place is because the drug testing lab they are working with knows what they are doing and Jeremy can use all the liars/lawyers he wants, but he peed in the cup and they found something they don't want in a race driver.

He will not win in court. His best move should have been to plead for mercy, go to rehab and play the game. If you are going to stand in court with NASCAR, good luck. They don't lose in court kids....

Since neither you nor I know all the facts in this case there's no way for either of us to know how the court proceedings will go. Stranger things have happened. Most people thought OJ would be convicted in the murder of two people and in the slammer for life.

[Haulin'AssAndTurnin Left]

I think win or loose Jeremy looses either way. He wins in court, gets to race and NASCAR will make his life at the track hell. He better not having anything suspect in those cars either, any sort of rule infraction and NASCAR will be all over him.

I dont think he will win, I dont feel any sympathy for Jeremy. On the race track yes i would usually pull for the underdog but in court with a matter like this i couldnt give a stuff who's the underdog, i want the truth. Thus far Jeremy has given me no reason to believe a word that comes out his mouth.

[beachbum]

One of the interesting aspects of this case came up very early on a NASCAR talk show when a couple drivers made a very strong point that NASCAR was very firm that every driver had to inform the series doctors of any prescription or even over the counter medications they were taking. The drug policy as presented in the court case in section 1B discussed the use and abuse of prescription drugs. Mayfield admits he never informed them about Adderal. So he was technically already in violation of the printed policy. The policy states that a drug use doesn't have to be illegal to violate the policy.

Franky, I am surprised any reputable doctor would prescribe amphetamines to Mayfield if they knew what he does for a living. The are other ADHD drugs out there that are far less dangerous and don't even show up on a test.

What is troubling about Mayfields statements are the excuses. First it was ADHD medication , then Claritin, then treatment for fume inhalation. But he has never claimed he didn't take what is showing up in the tests.

His legal team isn't claiming he didn't use the drugs, they are attacking the process and procedures used by NASCAR. Having been involved somewhat in a company's drug policy, you have to be very careful to dot the i's and cross the T's or the policy will be attacked. IMHO, NASCAR may have dropped the ball on that one and Mayfield could win in court.

I also think that if he wins in court,, his career is still effectively over. Prior to this, the only team that would have him is his own. He needs sponsors to keep going, and there aren't many sponsors who would jump on board with someone who admitted he drove while taking amphetamines. Most companies have very firm drug policies themselves and are very aware of the drugs that can impair a person. Mayfield is toast.

[Lee Roy]

http://hosted.ap.org/dynamic/stories/C/CAR_NASCAR_MAYFIELD_SUSPENSION?SITE=GENERIC&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2009-06-16-09-35-25



NASCAR says Mayfield expert lied

NASCAR has filed a motion in federal court that says an expert witness for suspended driver Jeremy Mayfield lied about his credentials. The motion was filed Tuesday. It claims Dr. Harvey MacFenerstein falsely represented himself on six counts in a May 29 affidavit presented on behalf of Mayfield, who was suspended indefinitely by NASCAR after failing a drug test. NASCAR says MacFenerstein does not have the medical degrees or certifications he listed in his qualifications. In his testimony about NASCAR's drug-testing policy, MacFenerstein said the policy is flawed and does not meet federal workplace guidelines. His findings were the basis of Mayfield's argument that he should be immediately reinstated.(Associated Press)(6-16-2009)

[Sparky1329]

Oy. I wonder whose bright idea it was to retain a bogus "expert".

[Lee Roy]

Oy. I wonder whose bright idea it was to retain a bogus "expert".


Might it have been:


Mayfield hired Diehl, one of North Carolina's most prominent attorneys, to challenge the findings. Diehl said it was "pretty compelling that we get" the restraining order.

[Lee Roy]

More details.

http://www.usatoday.com/sports/motor/nascar/2009-06-16-mayfield-witness_N.htm


CHARLOTTE (AP) — An expert witness for suspended driver Jeremy Mayfield does not have the medical degrees or certifications he listed in his qualifications, NASCAR alleged Tuesday.
In a motion filed in U.S. District Court, NASCAR asked that Dr. Harvey MacFenerstein's sworn affidavit be dismissed from Mayfield's lawsuit because the expert falsely represented himself on six counts. MacFenerstein is president of Analytical Toxicology Corp., a drug-testing laboratory in San Antonio, Texas.

Attorney's for Mayfield filed a sworn affidavit from MacFenerstein that said NASCAR's drug-testing program is flawed and does not meet federal workplace guidelines. His findings were the basis of Mayfield's May 29 argument that his indefinite suspension for a failed drug test should be lifted.

Mayfield was suspended May 9 for failing a random drug test collected eight days earlier. NASCAR has not identified the substance he tested positive for, but described it in court as a "a dangerous, illegal, banned substance." It's name has been redacted in all court filings related to the case.

But NASCAR asked Tuesday that a large portion of Mayfield's pending lawsuit be dismissed based on MacFenerstein's misrepresentation in last month's affidavit.

"Plaintiffs may not be pleased with the fact that the drug testing process revealed the presence of substances that are banned by NASCAR," the motion said, "but Plaintiffs cannot attack the drug test results and the Defendants on the basis of an expert who has submitted patently and demonstrably false testimony."

Among MacFenerstein's listed qualifications in the affidavit are claims that he has a bachelor of science degree in medical technology from "Mid Western State University of Texas"; he obtained a medical doctor degree in clinical pathology from CETED University in Mexico; he is certified as a Medical Review Officer, and has membership and certification from two different clinical agencies.

But NASCAR submitted six affidavits Tuesday refuting each of his claims.

Darla English, an employee in the university registrar's office at Midwestern State since 1989, said a search of school records failed to find any documentation that MacFenerstein received a degree from the university. Her sworn testimony showed "a Harvey Mac Fenerstein briefly attended ... some classes" during one semester in 1976 as part of a cooperative program.

Dr. Frederico De Noriega Olea, a Mexico-based attorney hired by NASCAR to investigate MacFenerstein's claims, submitted an affidavit saying he found no proof that MacFenerstein obtained a degree from CETED or has a license to practice medicine in Mexico.

Two more affidavits claimed that MacFenerstein is not a member of the American Association for Clinical Chemistry, as he claimed, and there is no record with two certifying bodies that he's been approved as an MRO.

The final charge by NASCAR disputes MacFenerstein's claim that ATC has proper certification as a drug-testing laboratory.

"The sole support for MacFenerstein's status as an expert witness was his supposed credentials, which have been shown to be false," NASCAR said in the motion.

NASCAR asked in its motion that Mayfield attorneys be sanctioned for failing to conduct a "reasonable inquiry" into MacFenerstein's qualifications, and asked for reimbursement of costs and fees related to defending itself against Mayfield and investigating MacFenerstein.

Mayfield attorney Bill Diehl has until July 6 to respond to NASCAR's allegations. He did not immediately return phone or e-mail messages for comment.

[Sparky1329]

How very interesting. It appears on the face of this that NASCAR has much more competent attorneys than Jeremy has regardless of how "prominent" Bill Diehl is. Talk about being blindsided! :eek:

[Lee Roy]

How very interesting. It appears on the face of this that NASCAR has much more competent attorneys than Jeremy has regardless of how "prominent" Bill Diehl is. Talk about being blindsided! :eek:

Hey, it's only NASCAR's word against Dr. McFenerstein's. All Dr. McFenerstein has to do is provide his certificates and NASCAR will have egg on their faces.

[muggle not]

I think, not surprisingly, that mayfield is in deep chit. Geez, he is a dumb azz.

[Sparky1329]

Hey, it's only NASCAR's word against Dr. McFenerstein's. All Dr. McFenerstein has to do is provide his certificates and NASCAR will have egg on their faces.

That's true. For Jeremy's sake he'd better hope that Dr. McFenerstein is legit and can prove it.

[Sparky1329]

I think, not surprisingly, that mayfield is in deep chit. Geez, he is a dumb azz.

I figured out that dumb azz part a long time ago. NASCAR 360 was a very enlightening TV series.

[muggle not]

That's true. For Jeremy's sake he'd better hope that Dr. McFenerstein is legit and can prove it.
It should be fairly easy to prove his credentials are false, if in fact, they are false. Records of this nature are not confidential.

[Chaparral66]

It should be fairly easy to prove his credentials are false, if in fact, they are false. Records of this nature are not confidential.

If they are false, Mayfield is in deep do-do. If they are true, then NASCAR better find something else. And at some point, produce a banned list.

[RaceFanStan]

All I can say is ... OUCH !!! :eek:

[beachbum]

Hey, it's only NASCAR's word against Dr. McFenerstein's. All Dr. McFenerstein has to do is provide his certificates and NASCAR will have egg on their faces.Not quite. Even if the good Dr can prove his credentials, which is doubtful, his companies web site makes a big deal about their testing methods and how accurate they are. But they use the same methods as used by NASCAR's lab, AEGIS Labs, so how do they attack the testing? AEGIS is used by many government organizations and their process and results have been court challenged and their results upheld.

If anyone has egg on their face, it is Mayfield and his attorneys.

[Chaparral66]

It wasn't abritrary. It was part of a testing program.

I didn't say the testing program was abritrary, I said that NASCAR telling Mayfield he failed a drug test without prior knowledge of what the banned substances were (lack of a detailed list) appears to be arbitrary.

They can't reveal what it is to anyone other than Mayfield. Are you familiar with the Health Information Protection and Portability Act (HIPPA)? It's a Federal Law that NASCAR would have been in violation of if they had told anyone other than Mayfield. It's a pretty serious violation.

I don't dispute Mayfield failed a test, and if they told no one but Mayfield then that would seem to be within guidlines. But I still question not producing a detailed list so the drivers can consult with their doctors so they know what to stay away from. That is is legally suspect.

Do you need to tell people that they can't drive race cars at 200 MPH while jacked up on Amphetimines??? Really Chap, think about it for a minute. It's a no-brainer.

I don't dispute that either, but it's at minimum debatable whether Mayfield was "jacked up". Medicines like Adderall can be used safely under a doctor's care. Just about all medicines, including asprin, carry some level of risk and all can be abused; Mayfield insists his meds were under the supervision of his doctor who I'm sure knows what Mayfield does for a living. Until someone presents evidence that Mayfield's doctor was wrong to perscribe the meds, that no matter what those meds are dangerous to use (if you know of some, Lee, send it here), or that Mayfield is lying, at least right now, I will give Mayfield the benefit of the doubt.

This is how Wikipedia describes Anphetamines:

Amphetamine (amfetamine (INN)) is a psychostimulant drug that is known to produce increased wakefulness and focus in association with decreased fatigue and appetite. Amphetamine is related to drugs such as methamphetamine and dextroamphetamine, which are a group of potent drugs that act by increasing levels of norepinephrine, serotonin and dopamine in the brain, inducing euphoria.[2][3] The group includes prescription CNS drugs commonly used to treat attention-deficit hyperactivity disorder (ADHD) in adults and children. It is also used to treat symptoms of traumatic brain injury and the daytime drowsiness symptoms of narcolepsy, Postural Orthostatic Tachycardia Syndrome and chronic fatigue syndrome. Initially, amphetamine was more popularly used to diminish the appetite and to control weight. Brand names of the drugs that contain amphetamine include Adderall, Vyvanse, and Dexedrine. The drug is also used illegally as a recreational drug and as a performance enhancer. The name amphetamine is derived from its chemical name: alpha-methylphenethylamine. The name is also used to refer to the class of compounds derived from amphetamine, often referred to as the substituted amphetamines.[citation

Anphetamines carry a real stigma but so does morphine, since both can be abused and addictive. But they both continue to be perscribed and monitored. The Mayfield case clearly needs more investigation to see if his doctor's instructions were appropriate, and if NASCAR's handling of the situation was appropriate.

[Lee Roy]

Not sure how effective a "list" would be.

Illegal drugs are a "no brainer". Not sure if the rumors about "meth" are true. I'll let that come out in the courts. Do you think NASCAR needs to list out all of the illegal drugs for the participants? People know if they are using illegal drugs.

A lot of drugs that are legal are also come with a cautionary warning on the label. If it says that you shouldn't "drive a car or operate heavy machinery", I'd think that driving wheel to wheel at 200 mph with someone who had taken a drug of that nature is in that category. I don't think you need a list for all those. Any competent MD that prescribed a drug like that to a race car driver would let him know if there were some side effects.

I've been reading (not sure where I've seen it) where if a driver is taking a prescription medication, he can inform the NASCAR Doctor (who would be bound by HIPPA) and then they can determine if there's a problem BEFORE being surprised by drug testing.

I know that the absence of a list seem critical to you, but I don't really think it is all that necessary for a racing series like it is for the stick and ball, as well as olympic type sports. I don't think that the performance enhancing or steriods that most stick and ball athletes are watched for would do that much good for a race car driver.

Jeremy may think that taking an amphetimine and driving wheel to wheel in a 200 mph pack is okay, but I think the other drivers there would have a drastically different opinion.

[Jonesi]

You left off something. Most medications that say
Don't "drive a car or operate heavy machinery" have a 2nd part of the sentence like "until you know how your body will react to this medicine". It's the rare side effects they're CYA on.

>I've been reading (not sure where I've seen it) where if a driver is taking a prescription medication, he can inform the NASCAR Doctor (who would be bound by HIPPA) and then they can determine if there's a problem BEFORE being surprised by drug testing.

It's 4.E of Nascar's Substance Abuse Policy, however based on what's in the Mayfield suit AND what been stated by Dr Black and Nascar officials they don't follow the procedure, (which requires on short/no notice a complete list of chemicials consumed (from what we know is a non-published list) in the last three months.) Instead they're replaced it with a piece of paper with Dr Black's phone number on it and a game of telephone tag for two days.

[Chaparral66]

Not sure how effective a "list" would be.

Illegal drugs are a "no brainer". Not sure if the rumors about "meth" are true. I'll let that come out in the courts. Do you think NASCAR needs to list out all of the illegal drugs for the participants? People know if they are using illegal drugs.

A lot of drugs that are legal are also come with a cautionary warning on the label. If it says that you shouldn't "drive a car or operate heavy machinery", I'd think that driving wheel to wheel at 200 mph with someone who had taken a drug of that nature is in that category. I don't think you need a list for all those. Any competent MD that prescribed a drug like that to a race car driver would let him know if there were some side effects.

I've been reading (not sure where I've seen it) where if a driver is taking a prescription medication, he can inform the NASCAR Doctor (who would be bound by HIPPA) and then they can determine if there's a problem BEFORE being surprised by drug testing.

I know that the absence of a list seem critical to you, but I don't really think it is all that necessary for a racing series like it is for the stick and ball, as well as olympic type sports. I don't think that the performance enhancing or steriods that most stick and ball athletes are watched for would do that much good for a race car driver.

Jeremy may think that taking an amphetimine and driving wheel to wheel in a 200 mph pack is okay, but I think the other drivers there would have a drastically different opinion.

Lee, the same rules that apply to the ball & stick sports should apply to racing. The drug Adderall is designed to help ADHD afflicted people like Jeremy Mayfield combat their ailment and help them perform at their job better. This drug is designed to help Mayfield focus and concentrate better and be more alert, precisely the thing he is supposed to do when driving a race car. Unless the doctor is a complete fool, he is sure to have informed Mayfield of the risks and tested his ability to compete. It's way too easy to be sued these days for malpractice for his doctor not to have taken proper precautions.

A list must be made available to everyone so that doctors can make informed choices of what to perscribe and competitors can make informed decisions on what they should do, and to inform NASCAR. If there was any conversation between Mayfield and NASCAR, and if Mayfield didn't inform them of his perscribed meds, then he is accountable. If NASCAR got this info from Mayfield but didn't inform him of any possible infraction until after the test was taken, then that is irresponsible on NASCAR's part. As you say, this and other issues will have to be settled in court.

Steroids, as you say, give a competitor in a ball & stick sport an advantage that would be lacking when driving a racecar. Steroids give an athlete more power and quickness that is an aid with the football player, baseball player, basketball player, and hockey player, a non issue with racing drivers especially in this continuing era of power steering. But the point about having rules for drug safety is not about one or two substances, it's about the variety of drugs out there can be considered harmful.

The disclaimer on drug labels is certainly there and many warn about doing things like driving or operating heavy machinery, but they also say consult with your doctor. Mayfield insists he did so.

[Chaparral66]

You left off something. Most medications that say
Don't "drive a car or operate heavy machinery" have a 2nd part of the sentence like "until you know how your body will react to this medicine". It's the rare side effects they're CYA on.

>I've been reading (not sure where I've seen it) where if a driver is taking a prescription medication, he can inform the NASCAR Doctor (who would be bound by HIPPA) and then they can determine if there's a problem BEFORE being surprised by drug testing.

It's 4.E of Nascar's Substance Abuse Policy, however based on what's in the Mayfield suit AND what been stated by Dr Black and Nascar officials they don't follow the procedure, (which requires on short/no notice a complete list of chemicials consumed (from what we know is a non-published list) in the last three months.) Instead they're replaced it with a piece of paper with Dr Black's phone number on it and a game of telephone tag for two days.

Good points all, Jonesi.

[Sparky1329]

:s

http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_sued_by_parts_supplier_chassis_bui lder.html


Suspended owner/driver Jeremy Mayfield’s Mayfield Motorsports Inc. has been sued for $86,304.55 for parts, pieces and chassis work.

Triad Racing Technologies and BDR Acquisition are suing Mayfield in North Carolina Superior Court in Charlotte. The suit was filed last Wednesday. Both companies share the same address, and their registered agent with the state of North Carolina is TRT co-owner Mike Held, who was one of the people who bought the assets of Bill Davis Racing and his chassis/engine shop Triad Racing Development.

The suit claims that on Jan. 22, Mayfield requested parts from BDR Acquisition for his new Sprint Cup team but later requested to return the parts rather than pay for them and then returned only a portion of the parts. Mayfield also asked for some paint work to be done. He owes $79,763.95 for those services, according to the lawsuit.

Triad Racing Technologies did chassis work for Mayfield, and TRT claims that Mayfield owes $6,540.60.

Mayfield Motorsports has not yet answered the complaint, and it was unclear whether he has retained counsel for this suit. An e-mail requesting comment from his attorneys in his lawsuit against NASCAR seeking to have his suspension over a failed drug test overturned wasn't immediately answered.

[muggle not]

What is the saying......."Dumber and Dumber". :dozey:

[harvick#1]

think its time for Mayfield to run to his mansion and just hide

[NickFalzone]

I don't see what the argument is here. NASCAR's policy is that you let them know any and all prescriptions you're being prescribed. Jeremy didn't do that, so regardless of the med, that's an infraction. And secondly, the reason all this went down is due to the use of Meth, which is obviously an illegal drug that wouldn't be allowed in any sport. We don't know the quality of the testing exactly, but it's not like NASCAR was on a witch hunt if this is what they're testing lab reported to them. Personally I'd like to see Mayfield back in a car but that looks very unlikely at this point.

[Chaparral66]

I don't see what the argument is here. NASCAR's policy is that you let them know any and all prescriptions you're being prescribed. Jeremy didn't do that, so regardless of the med, that's an infraction. And secondly, the reason all this went down is due to the use of Meth, which is obviously an illegal drug that wouldn't be allowed in any sport. We don't know the quality of the testing exactly, but it's not like NASCAR was on a witch hunt if this is what they're testing lab reported to them. Personally I'd like to see Mayfield back in a car but that looks very unlikely at this point.

I've heard that before about Mayfield not informing NASCAR about his perscriptions, but I haven't seen any independent confirmation on it, so it's arguable. Mayfield hasn't denied using the drug Adderall but again this was under direction of his doctor, according to Mayfield, so he has an arguement in court. Adderall is not illegal.

[Lee Roy]

It's 4.E of Nascar's Substance Abuse Policy, however based on what's in the Mayfield suit AND what been stated by Dr Black and Nascar officials they don't follow the procedure, (which requires on short/no notice a complete list of chemicials consumed (from what we know is a non-published list) in the last three months.) Instead they're replaced it with a piece of paper with Dr Black's phone number on it and a game of telephone tag for two days.

So what was to stop Mayfield from going to the NASCAR Dr. first to let him know what prescriptions he was taking? It's up to Mayfield to make the first step, not NASCAR.

Of course, he probably wouldn't be able to discuss his non-prescription and non-over-the-counter medications.

[Sparky1329]

So what was to stop Mayfield from going to the NASCAR Dr. first to let him know what prescriptions he was taking? It's up to Mayfield to make the first step, not NASCAR.

Of course, he probably wouldn't be able to discuss his non-prescription and non-over-the-counter medications.

From what I've read that's part of the problem. Based on what I've read drivers are supposed to advise NASCAR or the testing lab up front what prescribed meds, if any, they are on.

[Lee Roy]

http://www.marketwire.com/press-release/Analytical-Toxicology-Corp-1005975.html

He may not be as bad as we thought. Maybe it's just sloppy clerical work by Mayfield's Attorney. We'll see.


Statement by Harvey MacFenerstein, M.D. Corrects Inaccuracies

Analytical Toxicology Corp.

ATC Drug Testing ServicesSAN ANTONIO, TX--(Marketwire - June 18, 2009) - Harvey MacFenerstein, M.D., a medical toxicologist and president of Analytical Toxicology Corp., released the following statement related to questions raised about an affidavit in the case of NASCAR driver Jeremy Mayfield.

Thank you for this opportunity to clear up the facts regarding my background. As the founder and president of Analytical Toxicology Corp. and a person who is intimately familiar with standards and practices related to drug testing, I was asked to give my expert opinion on lab results. I examined the facts and offered my best and honest opinion. I was not compensated in any way for my services.

Before signing an affidavit, I noticed inaccuracies regarding my background and corrected them. Unfortunately, the revisions I made were not reflected in the affidavit that was filed.

This error has hurt me and damaged my reputation. I am proud of my educational and professional background and I wish to correct the record. Below is a complete and accurate account of my educational and professional background.

Education

I earned my Medical Degree in 1982 from Universidad Centro de Estudios Tecnologicos, more commonly called Universidad C.E.T.E.C. in the Dominican Republic. I studied there from 1980 to 1982 after transferring from Universidad Del Noreste in Tampico, Tamaulipas, Mexico, where I studied from 1978 to 1980.

Professional

Since 1996 I have owned and operated Analytical Toxicology Corp., a full-service drug testing lab in San Antonio, Texas. We are the only lab in South Texas that uses Gas Chromatography/Mass Spectrometry (GC/MS), which is considered a gold standard for forensic substance identification. We are also the only lab in the region to use the state-of-the-art High Performance Liquid Chromatography Mass Spectrometry (HPLC/MS) analysis platform.

I am an active member of the American Academy of Clinical Toxicology and the American Chemical Society.

To provide the highest degree of quality assurance to our clients, the College of American Pathology tests our lab every 90 days. I am proud that we have been in operation for more than 10 years without incident.

I have devoted my career to achieving the highest standards of professionalism and accuracy. It is heartbreaking that my reputation and credibility have been tainted due to these accusations. I am proud of my educational and professional accomplishments and played no role in the distortions of my background.

[Sparky1329]

How embarrassing.

[Lee Roy]

Don't know if this matters or not.

http://www.nytimes.com/1984/04/27/us/dominican-inquiry-points-to-2000-fraudulent-md-degrees-in-us.html?&pagewanted=1


''The records given to us indicate that this is the largest scandal involving fraudulent medical diplomas that has ever taken place in the United States,'' Mr. Kelleher said.

According to the Dominican investigation, the four schools most deeply implicated were: Universidad Centro de Estudios Tecnologicos, commonly known as Cetec, Universidad Centro de Investigacion, Universidad Central del Este and Universidad Tecnologica de Santiago.

[Sparky1329]

Holy wow. I'm glad that my physicians' diplomas were issued from actual US universities.

[muggle not]

Holy wow. I'm glad that my physicians' diplomas were issued from actual US universities.
I checked out the Neuro Surgeon guy before I met with him on Wednesday. after meeting him I feel very good to be in his hands.

[Mark in Oshawa]

If Jeremy doesn't tell NASCAR he is on Adderol, and he tests positive, they have him right there according to the rules.

The rest of this is just piling on. Jeremy's "expert" is a fraud apparently, and while NASCAR doesn't publish a "list" somehow people want to believe the people in Daytona Beach are dumb enough to not have lawyered this up and down?

Mayfield's defense is bouncing around trying to muddy up the waters to the obvious fact. HE took drugs he shouldn't have that make NASCAR believe he is a danger to himself and others. He didn't admit to any medicines before the drug test so I have ZERO sympathy for him. If it is true he took METH, double that ZERO part...

[Mark in Oshawa]

Harvick..that'll work til the bank takes it away.

Between the lawyer on the drug charges, and the suppliers after him for his dough, he is in for a world of hurt.

[Jonesi]

Latest court filing:
http://hosted.ap.org/dynamic/stories/C/CAR_NASCAR_MAYFIELD_SUSPENDED?SITE=GENERIC&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2009-06-25-20-56-04

[Sparky1329]

Latest court filing:
http://hosted.ap.org/dynamic/stories/C/CAR_NASCAR_MAYFIELD_SUSPENDED?SITE=GENERIC&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2009-06-25-20-56-04

Well, duh. It's not likely that he'd admit to taking anything illegal.

This snippet from the article is interesting. I can't say I blame drivers for expressing their feelings on the subject.......


NASCAR also filed several documents Thursday, including affidavits from Jeff Gordon, Jimmie Johnson and Robby Gordon in which the drivers said they are not "willing to put my life at risk driving a race car on a NASCAR track with drivers testing positive for drugs that diminish their capacity to drive a race car."

NASCAR vice president of operations Steve O'Donnell said in an affidavit that permitting drug users to participate could cause serious injury or death to participants or fans.

"It would take a simple lapse of judgment by a driver under the influence of a banned substance to create a catastrophic accident," O'Donnell said.

[Lee Roy]

This snippet from the article is interesting. I can't say I blame drivers for expressing their feelings on the subject.......

Maybe Jonesi and Chaparral66 should explain to Johnson and the Gordons the part about:
"until you know how your body will react to this medicine"

They would need hold judgement until Mayfield knew how his body would react to the perscription amphetimines he was taking. I'm sure that Mayfield would tell them that he's doing fine and they would no longer worry.

[NickFalzone]

I'm sure if you asked him if he felt OK to drive on Methamphetamine, he'd also say he felt fine. Doesn't mean it's fair, or safe.

[Chaparral66]

I'm sure if you asked him if he felt OK to drive on Methamphetamine, he'd also say he felt fine. Doesn't mean it's fair, or safe.

This part was explained in the article submitted by Jonsei. Herewith:

"...Ohio forensic toxicologist Harry Plotnick disputed Black's dismissal in an affidavit in support of Mayfield, saying a component of Claritin in certain circumstances 'could produce a false positive for methamphetamine.' ".

@Lee Roy: I'm sure JG, JJ, and RG wrote those affidavits for the benefit of NASCAR out of the goodness of their heart.

[Lee Roy]

@Lee Roy: I'm sure JG, JJ, and RG wrote those affidavits for the benefit of NASCAR out of the goodness of their heart.

Yes, Robby Gordon is a particular favorite of NASCAR's upper brass.

http://www.jayski.com/pages/penalties2009.htm


NASCAR's most penalized driver is ... Dustin Long of the Virginian-Pilot did some research on which driver has been penalized the most so far this season so far. Infractions include pitting before pit road is open (something many do after they've been in an accident or had some mechanical troubles), lug nuts not all installed, speeding and pit crew members not taking care or tires or too many during a stop or something like that. #7-Robby Gordon has been penalized 17 times. After him, it's Aric Almirola [only 7 races run] at 11, #77-Sam Hornish Jr., #00-David Reutimann, #12-David Stremme, #55-Michael Waltrip and #29-Kevin Harvick with 10 penalties each. Again, a lot of these penalties -- but not all -- were for pitting before pit road was open. #19-Elliott Sadler, for example, had problems early at Las Vegas and pitted five times before pit road was open, incurring five of his seven penalties this season just in that race. As for speed penalties #43-Reed Sorenson, #18-Kyle Busch and #34-John Andretti (12 races) have each had 4 speeding penalties. See full post and longer lists at the Virginian-Pilot.(6-11-2009)

There's an old saying Chap: "When you find yourself in a hole, stop digging".

[Chaparral66]

Are we speaking earnestly now, or are we still being somewhat sarcastic? :D

[Lee Roy]

The "m" word has been used.


CHARLOTTE, N.C. -- NASCAR confirmed Wednesday that suspended driver Jeremy Mayfield tested positive for methamphetamines.

The confirmation came outside federal court after Mayfield's attorney mentioned the illegal substance several times during a 45-minute argument against the driver's indefinite suspension. Court recessed after Bill Diehl's argument and is set to reconvene Wednesday afternoon.

"We will prove beyond a shadow of a doubt that Jeremy Mayfield did violate the NASCAR substance-abuse policy and tested positive for methamphetamines," spokesman Ramsey Poston said.

Diehl argued in court that Mayfield has never shown any characteristics of a meth abuser, and if he used the drug at the levels NASCAR has suggested, Mayfield would be "either a walking zombie or he's dead."

"His teeth were never rotting out, his eyes were not sunken," Diehl said. "He never displayed any characteristics that are commonly seen by everyone among people who use meth."

In an affidavit filed last week, Mayfield denied ever using methamphetamines and said he didn't know how he failed a random drug test taken May 1. He was suspended eight days later after his backup "B" sample also came back positive for a banned substance.

Previously, NASCAR had refused to disclose what substance Mayfield tested positive for, and blacked out the name of the drug in all court filings leading up to Wednesday's hearing, which was attended by NASCAR chairman Brian France and president Mike Helton.

Diehl said outside court that it has been common knowledge in the industry that Mayfield tested positive for methamphetamines.

Mayfield has blamed his positive test result on the combination of Adderall for Attention Deficit Hyperactivity Disorder, and Claritin-D for allergies, an explanation repeatedly debunked by NASCAR's program administrator.

Mayfield is challenging the validity of NASCAR's testing system, and Diehl argued it's flawed because Mayfield never had the opportunity to get his backup "B" sample tested by an independent laboratory. Nashville, Tenn.-based Aegis Sciences Corp., which runs NASCAR's testing program, tested both of Mayfield's samples.

Diehl argued that federal guidelines allow an individual a 72-hour window to have an independent lab analyze a sealed backup sample. He said that when Aegis tested the backup "B" sample two days after the "A" sample came back positive, Mayfield lost any opportunity to challenge the results because the seal had been broken on the second sample.

He also condemned NASCAR for acting as if its policies are above federal guidelines, and for not having a clear drug policy with a defined list of banned substances. Although NASCAR provided crews with a list of prohibited substances, drivers do not have one because NASCAR reserves the right to test for anything at any time.

"They say 'We're not bound by anything. We're NASCAR. We can do what we want to do,' " Diehl said. "If they decide to ban Coca-Cola, or coffee or orange juice, their argument is 'We can.'

"That smells bad, and it stinks enough that the court should intervene."

Diehl wants U.S. District Court Judge Graham Mullen to reinstate Mayfield on Wednesday in time to travel to this weekend's race at Daytona International Speedway. He said NASCAR would not be harmed by Mayfield racing this weekend, and the sanctioning body can drug test Mayfield every day going forward.

"Independence Day for Jeremy ought to be today," Diehl told Mullen, noting that Saturday night's race falls on the holiday.

Mayfield indicated outside court he will go to Daytona if he's reinstated, but he was not clear in what capacity. He owns his own low-budget team, but said in court documents last week that he's had to lay off 10 employees, borrow money from family and sell personal assets to meet his living expenses.

"I want to drive and would love to be there driving," he said. "But obviously it's late in the week. But we'll definitely be there."

Ownership of the No. 41 Toyota was transferred to his wife, Shana, following his suspension, but she cited financial reasons in not sending the team to the past five races. The team used J.J. Yeley in the first two races following Mayfield's suspension.

Mullen advised the court he would recess after 75 minutes because he had a funeral to attend and said he'd hear NASCAR when he returned.

"What Bill Diehl proved today is that he has a remarkably vivid imagination in terms of what the procedures are," Poston said. "NASCAR followed all its procedures. The samples are pristine, and this afternoon we have the opportunity to speak to the judge."


Copyright 2009 by The Associated Press

[Chaparral66]

(Bill Diehl) He also condemned NASCAR for acting as if its policies are above federal guidelines, and for not having a clear drug policy with a defined list of banned substances. Although NASCAR provided crews with a list of prohibited substances, drivers do not have one because NASCAR reserves the right to test for anything at any time.

"They say 'We're not bound by anything. We're NASCAR. We can do what we want to do,' " Diehl said. "If they decide to ban Coca-Cola, or coffee or orange juice, their argument is 'We can.'

"That smells bad, and it stinks enough that the court should intervene."

This issue, to me, is what this case hinges on, whether the judge decides in favor of NASCAR's approach, which to have carte blanche to ban whatever they want and not produce any list, or if he doesn't, and rules their approach manipulative and arbitrary. We shall see.

[youtellme]

CHARLOTTE, N.C. (AP)—A judge issued a temporary injunction on Wednesday that lifted Jeremy Mayfield’s drug suspension, saying the NASCAR driver is free to race at Daytona this weekend.

U.S. District Court Judge Graham Mullen concluded the “likelihood of a false positive in this case is quite substantial.” The decision came after NASCAR’s lawyers portrayed Mayfield as a danger to the sport after he tested positive for methamphetamines on May 1. He was suspended indefinitely eight days later.

[Jonesi]

(Bill Diehl) He also condemned NASCAR for acting as if its policies are above federal guidelines, and for not having a clear drug policy with a defined list of banned substances. Although NASCAR provided crews with a list of prohibited substances, drivers do not have one because NASCAR reserves the right to test for anything at any time.

"They say 'We're not bound by anything. We're NASCAR. We can do what we want to do,' " Diehl said. "If they decide to ban Coca-Cola, or coffee or orange juice, their argument is 'We can.'

"That smells bad, and it stinks enough that the court should intervene."

This issue, to me, is what this case hinges on, whether the judge decides in favor of NASCAR's approach, which to have carte blanche to ban whatever they want and not produce any list, or if he doesn't, and rules their approach manipulative and arbitrary. We shall see.

Agreed. The two main issues are:
1 Lack of prohibited substances list.
2. Lack of procedures that follow federal guidelines.

When this broke and I read the Mayfield suit and Nascar policy, I figured Nascar only had a 30% chance of winning, IF Mayfield was really guilty, and if he's innocent their chances drop even further.

[Sparky1329]

As long as there's a doubt about his fitness to race NASCAR will test him every time he presents himself to race and they should.

[Lee Roy]

Mayfield had his day in court. I hope it was a "false positive".

Funny, the judge didn't say anything about there not being a "banned substance list" or anything about NASCAR not following Federal guidelines.

[Sparky1329]

Mayfield had his day in court. I hope it was a "false positive".

Funny, the judge didn't say anything about there not being a "banned substance list" or anything about NASCAR not following Federal guidelines.

No he didn't. In fact he told NASCAR they can test Jeremy whenever they want including hair sample testing. There are no false positives with that as I understand it.

[Jonesi]

Mayfield had his day in court. I hope it was a "false positive".

Funny, the judge didn't say anything about there not being a "banned substance list" or anything about NASCAR not following Federal guidelines.

The case isn't over with. Hopefully Nascar will consider what: “likelihood of a false positive in this case is quite substantial" means and settle out of court.

[Sparky1329]

Here's the latest from Jayski:


Mayfield not at Daytona as garage opens: Car owners #64-Larry Gunselman and #36-Tommy Baldwin say they will not put Jeremy Mayfield in their cars this weekend at Daytona International Speedway. Gunselman says his sponsor, Fred's, does not want Mayfield in the car. Baldwin says Mayfield has too much baggage to drive his car. Mayfield's indefinite suspension for a failed drug test was lifted by a federal judge on Wednesday, allowing him to race this weekend. His team was not at the track when the garage opened Thursday, which NASCAR initially said was the deadline for the #41 to enter the race. NASCAR now says Mayfield has until 3 p.m. to bring Mayfield Motorsports to the track.(Associated Press)(7-2-2009)

[Chaparral66]

As long as there's a doubt about his fitness to race NASCAR will test him every time he presents himself to race and they should.

I don't think anyone disputes NASCAR's right to do test Mayfield. And you're right, they should test everyone, if not prior to every race, at least on a regular schedule like the other sports do. But they still need to come up with a list so everyone is on the same page as to what is allowed and what isn't.

[Sparky1329]

I don't think anyone disputes NASCAR's right to do test Mayfield. And you're right, they should test everyone, if not prior to every race, at least on a regular schedule like the other sports do. But they still need to come up with a list so everyone is on the same page as to what is allowed and what isn't.

From what I understand all race team personnel are subject to random testing. The drivers are required to report all their prescription medications to NASCAR all the time and prior to any testing. (Jeremy violated that requirement, by the way.)

From what NASCAR has stated every driver has access to Dr Black at Aegis to ask about specific banned substances. Mark Martin seemed to be satisfied that he got the answer he wanted about this "list" following the big meeting of a few weeks ago. For what reason does the public need to have a list?

[Lee Roy]

From what NASCAR has stated every driver has access to Dr Black at Aegis to ask about specific banned substances. Mark Martin seemed to be satisfied that he got the answer he wanted about this "list" following the big meeting of a few weeks ago. For what reason does the public need to have a list?

It's funny that Mayfield's high-powered Lawyer doesn't mention the absence of this "list". If it were an issue, you think that he would. Apparently it's not an issue in the real world.

[Jonesi]

snip.. The drivers are required to report all their prescription medications to NASCAR all the time and prior to any testing. (Jeremy violated that requirement, by the way.)..snip

Oh, if only it was that simple. What you stated in one sentence ISN'T in Nascar's 4 1/2 page Substance Abuse Policy! Instead we get:
4.E (4 is "Collection and Transport of specimen(s)". Which following standard outline format would seem to apply only when a specimin is requested)
"E. Provide a form to be completed by the competitor or official in question that identifies all prescription and over-the-counter medications consumed by the competitor or official in the preceding three months." Aegis even has order system on their web site for pads of these forms, but Nascar/Aegis's "Collector" didn't follow this procedure. He gave Mayfield a card with Dr Black's phone number(s) on it and he had to play telephone tag for two days. It's easy to see that someone might forget a medication in under those conditions.
Can you remember everything you've taken in the last 3 months? Since there's no list to check, that's every pain killer, every vitamin, every antacid, everything!

[Mark in Oshawa]

Oh, if only it was that simple. What you stated in one sentence ISN'T in Nascar's 4 1/2 page Substance Abuse Policy! Instead we get:
4.E (4 is "Collection and Transport of specimen(s)". Which following standard outline format would seem to apply only when a specimin is requested)
"E. Provide a form to be completed by the competitor or official in question that identifies all prescription and over-the-counter medications consumed by the competitor or official in the preceding three months." Aegis even has order system on their web site for pads of these forms, but Nascar/Aegis's "Collector" didn't follow this procedure. He gave Mayfield a card with Dr Black's phone number(s) on it and he had to play telephone tag for two days. It's easy to see that someone might forget a medication in under those conditions.
Can you remember everything you've taken in the last 3 months? Since there's no list to check, that's every pain killer, every vitamin, every antacid, everything!

Jonesi...quit making excuses. Olympic athletes have this on them all the time and most of them manage without any issue. It is the price of participating. No one else in NASCAR is having this trouble on the driver side.

I am sick and tired for people looking for some way that rescue's Jeremy and makes NASCAR the loser on this. This horse manure keeps being spread, and now with the Judge figuring until the full hearing is held in court, Jeremy's is being hurt worse than NASCAR and therefore should be allowed to race; it seems people think he will win.

He wont win. You guys keep forgetting the salient points. First off, He took Adderol and Claritin and didn't tell the drug testers he was taking any drugs for anything. You think he would forget to tell them about the Adderol knowing what he was peeing in the cup for? If that's the case, he is too dumb to drive. No....he was hoping to cruise through and baffle the world. Or he is taking the Adderol to hide a meth addiction. I don't want to believe he is a meth addict, but Adderol has been used in the past to hide meth addictions on drug tests. The suspicions are up. The fact is he didn't disclose the Adderol or the Clartin on the drug test interview ( you are asked what you are taking for what reason and whether it it is prescribed or not). He willfully LIED about that.

Now his lawyer isn't disputing THAT, but they are trying to get him off on the testing procedure? This is what the PED drug users do when trying to drag WADA into court trying to get back into track or the Olympics. Muddy the water enough, BS the judge and get an overrule.

Jeremy took something he shouldn't. There is no list but it is inconsequential. There is no way in HELL NASCAR is going to put together a drug program with a well respected lab and not have their legal side together. I have been to court and I understand nothing is 100% certain, but I know that in this case, if Jeremy finds away to get around THIS positive test, he will be tested so often that he will be never alone in the bathroom again. This aint over, and NASCAR hasn't lost, except one injunction by a judge who obviously isn't afraid of going into a corner with Jeremy Mayfield on drugs. The problem is, Jeff Gordon and the like HAVE to if Jeremy chooses to grace us with his prescence at the races.

This whole thing is sad, and I hope Jeremy gets help and wasn't on Meth, but I am not going to sit here and bash NASCAR for the lack of a "list" ( the drug lab has one obviously) when the guy they nailed LIED to the testers ( a no-no I know about as someone who has to go for random drug tests). Jeremy's personal conduct in other matters and his behaviour after his positive test in showing up at the track (against NASCAR's rules again) says to me this guy thinks he is above the rules. It's NASCAR's Sandbox, and they will decide who plays in it. You guys just watch.....

[Mark in Oshawa]

It's funny that Mayfield's high-powered Lawyer doesn't mention the absence of this "list". If it were an issue, you think that he would. Apparently it's not an issue in the real world.


Lee Roy, you know that answer. The lack of a "list" means squat when you lie to the drug test administrator and say you are not knowingly taking any drugs. If he had disclosed this Adderol and Clartin that he took, he might have skated on the positive test.

Diehl is a lawyer. Whether Jeremy is innocent or not, he is going to make NASCAR prove its case until Jeremy cannot pay him no more. All this talk about testing procedures is in the vain hope they can convince the judge NASCAR is out to get Jeremy or was faulty in how they conducted their drug policy. Still doesn't prove Jeremy wasn't in violation of having something in his system, we are just playing a lawyer's game.

That said, if Jeremy had no Adderol or Clartin in him or had admitted to it, he may have been racing today.

[Chaparral66]

From what I understand all race team personnel are subject to random testing. The drivers are required to report all their prescription medications to NASCAR all the time and prior to any testing. (Jeremy violated that requirement, by the way.)

From what NASCAR has stated every driver has access to Dr Black at Aegis to ask about specific banned substances. Mark Martin seemed to be satisfied that he got the answer he wanted about this "list" following the big meeting of a few weeks ago. For what reason does the public need to have a list?

Why have a list? Yikes. Why have a drug policy at all? Having a substance policy is for the public to have confidence in the sport they are paying top dollar to see as being as fair and safe as it can possibly be. Having a public list is for the competitors to know what is allowed and what is not, and also for the fans to know that the policy is being carried out fairly, and not abused by the sanctioning body to unfairly and punitively target individuals they might arbitrarily deam as hostile to the interests of the sport.

[Chaparral66]

Having a list of banned substances is important regardless of whether Mayfield broke the rule or not. This policy is designed to protect everyone, not to be used as a weapon to drive out "undesirables".

[Sparky1329]

Why have a list? Yikes. Why have a drug policy at all? Having a substance policy is for the public to have confidence in the sport they are paying top dollar to see as being as fair and safe as it can possibly be. Having a public list is for the competitors to know what is allowed and what is not, and also for the fans to know that the policy is being carried out fairly, and not abused by the sanctioning body to unfairly and punitively target individuals they might arbitrarily deam as hostile to the interests of the sport.

The competitors should know what substances are banned. Unless NASCAR starts testing the public there is no need for the public to see a list. You're just being nosy.

NASCAR is rarely fair in any of their policies - a fact that is discussed ad nauseum around here. If they are unfair and punitively targeting individuals that would be a problem to those individuals and absoultely no problem to you.

It's NASCAR's ballgame, like it or not. Any indvidual participating in the sport is free to find work elsewhere anytime they want. Most people don't choose to do so and Jeremy is filing lawsuits to keep himself in NASCAR's ballgame.

[Chaparral66]

Having a list of banned substances is important regardless of whether Mayfield broke the rule or not. This policy is designed to protect everyone, not to be used as a weapon to drive out "undesirables".

I anticipated such a response from you Sparky, hence the above quote inserted just after my first response to you. By everyone, I mean the drivers, the teams, the officials, AND the public. NASCAR encourages interaction with the public, as well as up close and personal viewing at the events. Therefore, they have a responsibility to create a proper environment.

It may be NASCAR's ballgame, and they are a private entity, but they are a very public enterprise. And saying that many of NASCAR's rules are unfair is no justifcation. And yes, if NASCAR arbitrarily, punitively, and unfairly, targets individuals (like my favorite driver or team) for infractions while letting others who do the same thing go scott free, that is a major problem for me, as a paying fan. I, along with 75 million of my closest friends, pay good money to go to races that are fair and safe for everyone, as well as entertaining. If the sanctioning body lets me down substantially in one area or all three, I will be very PO'd about it, as if my hard earned cash was wasted.

If Jeremy Mayfield feels he was unfairly treated, and can prove his view, it is his right to take the matter to court to get justice. If NASCAR can prove that their policy is just and their actions on Mayfield were appropriate and legal, that is their right. It's how America works, my friend, that's what freedom is. If you don't like it, no one says you have to stay here, you have options. I'm sure they will welcome you in France, just like Jerry Lewis.

[Lee Roy]

Just a question Chap, if the lack of a list is so important, why hasn't it been mentioned by Mayfield's high-dollar Lawyer or the Judge?

[Sparky1329]

I anticipated such a response from you Sparky, hence the above quote inserted just after my first response to you. By everyone, I mean the drivers, the teams, the officials, AND the public. NASCAR encourages interaction with the public, as well as up close and personal viewing at the events. Therefore, they have a responsibility to create a proper environment.

It may be NASCAR's ballgame, and they are a private entity, but they are a very public enterprise. And saying that many of NASCAR's rules are unfair is no justifcation. And yes, if NASCAR arbitrarily, punitively, and unfairly, targets individuals (like my favorite driver or team) for infractions while letting others who do the same thing go scott free, that is a major problem for me, as a paying fan. I, along with 75 million of my closest friends, pay good money to go to races that are fair and safe for everyone, as well as entertaining. If the sanctioning body lets me down substantially in one area or all three, I will be very PO'd about it, as if my hard earned cash was wasted.

If Jeremy Mayfield feels he was unfairly treated, and can prove his view, it is his right to take the matter to court to get justice. If NASCAR can prove that their policy is just and their actions on Mayfield were appropriate and legal, that is their right. It's how America works, my friend, that's what freedom is. If you don't like it, no one says you have to stay here, you have options. I'm sure they will welcome you in France, just like Jerry Lewis.

Fans who don't like NASCAR's policies are free to find something else to do on race day and spend their money elsewhere. Any drivers who are treated unfairly have the option of suing NASCAR and NASCAR has the right to defend it's policies. That's the way America works, my friend.

If Jeremy wanted to offer some proof of his I-didn't-do-it position and end the debate he could submit a sample to a legitimate testing lab and publish the results for the public to see. As far as I know he hasn't done that.

[Chaparral66]

Fans who don't like NASCAR's policies are free to find something else to do on race day and spend their money elsewhere. Any drivers who are treated unfairly have the option of suing NASCAR and NASCAR has the right to defend it's policies. That's the way America works, my friend.

I believe I just said that, in my spot above.
But here it is again, in case you missed it:
If Jeremy Mayfield feels he was unfairly treated, and can prove his view, it is his right to take the matter to court to get justice. If NASCAR can prove that their policy is just and their actions on Mayfield were appropriate and legal, that is their right. It's how America works, my friend, that's what freedom is. If you don't like it, no one says you have to stay here, you have options. I'm sure they will welcome you in France, just like Jerry Lewis.


If Jeremy wanted to offer some proof of his I-didn't-do-it position and end the debate he could submit a sample to a legitimate testing lab and publish the results for the public to see. As far as I know he hasn't done that.

Mayfield has consistently said he would be available to NASCAR to submit another sample and have them analyze it again, at an independent lab. So far, NASCAR has not taken him up on that.

[Chaparral66]

Just a question Chap, if the lack of a list is so important, why hasn't it been mentioned by Mayfield's high-dollar Lawyer or the Judge?

Lee, Mayfield's lawyer Bill Diehl has in fact, mentioned the lack of a list, several times. This is what he argued to Judge Graham Mullen, which probably influenced his decision in favor of Mayfield:

Diehl also argued that NASCAR's policy is unfair because it does not provide a list of all banned substances, as is the case in most other professional sports.

He referred to the governing body as having almost god-like powers, saying "if they decide to ban Coca-Cola or coffee or orange juice or anything else," they can. Writer: David Newton, ESPN.com, 7/2/2009.

And for Sparky, in the same article:

"I have never taken methamphetamines in my life, and when accused of taking them I immediately volunteered to give another urine sample," Mayfield said in an affidavit.

This is what Mayfield says, only Mayfield and NASCAR really know if that's true. But I can imagine if you're falsely accused of something, your first instinct is to do whatever you can to clear yourself. Just have to wait and see how this works out in court.

[Lee Roy]

Lee, Mayfield's lawyer Bill Diehl has in fact, mentioned the lack of a list, several times. This is what he argued to Judge Graham Mullen, which probably influenced his decision in favor of Mayfield:

Diehl also argued that NASCAR's policy is unfair because it does not provide a list of all banned substances, as is the case in most other professional sports.

He referred to the governing body as having almost god-like powers, saying "if they decide to ban Coca-Cola or coffee or orange juice or anything else," they can. Writer: David Newton, ESPN.com, 7/2/2009.

Thanks. I guess we'll see what impact that has. It will be interesting.

[Sparky1329]

We can debate this whole thing until the cow comes home. The bottom line is whoever wins this thing loses. Jeremy will probably have a tough row to hoe if he's ever going to race in a NASCAR series again. The guy with the most money wins and that isn't Jeremy.

[Chaparral66]

We can debate this whole thing until the cow comes home. The bottom line is whoever wins this thing loses. Jeremy will probably have a tough row to hoe if he's ever going to race in a NASCAR series again. The guy with the most money wins and that isn't Jeremy.

Not necessarily, Sparky. Mayfield's lawyer probably wouldn't have taken this case unless he thought he had a real chance of winning it. According to many reports, this guy is very well known for being a very skilled litegator, and due to the high profile nature of this case, and the chance to get a big payday from a powerful group like NASCAR, he probably worked out some sort of contingency deal with Mayfield so Mayfield wouldn't completely lose his shirt on it. If Diehl is able to win the case (or even get NASCAR to settle), that could get him a boatload of new high paying clients. Some lawyers look at a case like this as an investment, in the hopes that it will make a substantial return in new business.

[Sparky1329]

Jeremy doesn't even have the $5,500 entrance fee to enter a race. Maybe Diehl can front him racing fees and chalk it up against the anticipated boatload

[call_me_andrew]

The entry fee is $5,500 now? Last time I checked it was still under $1,000. Of course I last checked 10 years ago.

[Chaparral66]

Jeremy doesn't even have the $5,500 entrance fee to enter a race. Maybe Diehl can front him racing fees and chalk it up against the anticipated boatload

All that says is just how much he was damaged by this ruling, which may yet prove to have been unjust.

[Sparky1329]

This sounds like somebody who has something to hide.

http://msn.foxsports.com/nascar/story/9 ... '-Mayfield (http://msn.foxsports.com/nascar/story/9775392/NASCAR-asks-court-to-bar-'drug-impaired'-Mayfield)


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."

Mayfield was suspended May 9 for failing a random drug test eight days earlier. NASCAR has said he tested positive for methamphetamine, but Mayfield has denied using the illegal drug.

NASCAR's appeal did not mention the most recent random test, but NASCAR spokesman Ramsey Poston confirmed Mayfield was tested Monday evening.

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. Buric said he did that so Mayfield would avoid accusations of refusing to be tested.

Buric confirmed Mayfield received a call at 1:18 p.m. But he said Mayfield told him it went to voice mail, and he did not get the message until 2 p.m. By the time Mayfield sorted it out with Buric, he had just 36 minutes to report and told his lawyer he couldn't make the deadline. Buric confirmed a second location was found but said Mayfield was "given bad directions" and could not find it.

"I told him go to our lab, go to our doctors, and he did. He provided a sample to our own doctors," Buric said.

He told NASCAR of the independent test at 5:30 p.m., and NASCAR told him to send Mayfield home, where testers would meet him to collect a sample.

Buric would not reveal what laboratory tested Mayfield and said he wasn't sure if it was certified by the Substance Abuse and Mental Health Services Administration. He said the results have not come back yet.

Black said those results would be irrelevant because "a testing program never accepts a sample from a donor who selects the time and circumstance."

Poston said 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.

Poston said one tester watched Mayfield give the sample, and Mayfield vehemently protested being monitored.

"The litany of excuses and delay tactics he used to keep away from our testers was ridiculous," Poston said.

[Chaparral66]

This sounds like somebody who has something to hide.

http://msn.foxsports.com/nascar/story/9 ... '-Mayfield (http://msn.foxsports.com/nascar/story/9775392/NASCAR-asks-court-to-bar-'drug-impaired'-Mayfield)


Assuming this is all true, Mayfield has a right to consult with his attorney, but he should be ready to literally drop what he is doing and go get tested. Both NASCAR and Mayfield's attorneys should be on the same page as to where it's to happen and some idea as to when, but Mayfield has to be ready immediately.

[Sparky1329]

Yeah, and he wasn't. He avoided the testing lab like it was infested with the plague. Give me a f'n break. Jeremy is stupid but not too stupid to have a GPS lead him by the nose. He's full of chit.

My son is an owner-operator. When the testing lab calls he has to go for testing as soon as he's off the road or his insurance company cancels his policy.

[Mark in Oshawa]

Jeremy Mayfield is an idiot. His lawyers and just about everyone on the planet had to know NASCAR was coming after him with a test within DAYS of the court decision. When asked with 2 hours noticed to show up at a lab approved by AEGIS, he didn't show. They had to go to his house, get their chains jerked for close to an hour and put up with excuses. Does he not GRASP that even if he tests negative, he still looks like he is HIDING SOMETHING??

Diehl is defending this boob because the check's clear and even an idiot is deserving of the best defense he can afford, but this circus is getting old. Jeremy, fess up or give up please....because no one is believing this idea NASCAR is out to persecute you for sport...

[Chaparral66]

Jeremy Mayfield is an idiot. His lawyers and just about everyone on the planet had to know NASCAR was coming after him with a test within DAYS of the court decision. When asked with 2 hours noticed to show up at a lab approved by AEGIS, he didn't show. They had to go to his house, get their chains jerked for close to an hour and put up with excuses. Does he not GRASP that even if he tests negative, he still looks like he is HIDING SOMETHING??

Diehl is defending this boob because the check's clear and even an idiot is deserving of the best defense he can afford, but this circus is getting old. Jeremy, fess up or give up please....because no one is believing this idea NASCAR is out to persecute you for sport...

Jeremy Mayfield did act strange during this latest test, and I'm anxious to hear the result. He certainly didn't help his case by playing cat & mouse games. But NASCAR isn't a boy scout here either, there's that Carl Long business recently, and a host of stories over the years of inconsistent rule enforcement by anyone who competes at virtually every level. I think it's safe to say both NASCAR and Mayfield have both been somewhat suspect in this whole thing, and I want to wait until the case goes through court before making a final judgement. If Mayfield is taking something, that will come out and he deserves what he gets. The problem for me with NASCAR is that they seem to feel exempt from following federally mandated guidelines and procedures for drug prevention and to me, that stinks. If NASCAR wants to be taken seriously as a major sport in this country, they need to adhere to the same rules as the other sports. The same goes for Jeremy Mayfield.

I don't know that Mayfield is guilty of taking something, and I don't know if NASCAR is guilty of stacking the deck against him. What I think is healthy is that a legit case is going to court, which will put NASCAR under the scrutiny they have been avoiding for years. It will also place a burden on Mayfield to put up or shut up in terms of his responsibility to himself, the other drivers, the sport itself, and the fans. I don't want to rush to judgement, even though we are all analyzing the details as we await trial. But I want to see the trial take place. I want to see Mayfield answer questions, and I want to see NASCAR answer questions. This is the only real way we will really be able to get close to the real truth.

[Sparky1329]

Both NASCAR's and Mayfield's reputations absolutely come into play in this whole deal. NASCAR is well know for selectively enforcing rules from it's Etch-A-Sketch rulebook and Jeremy has never had a problem burning bridges behind himself. Regardless of the outcome of this thing neither of them will win in the court of public opinion. Jeremy, however, has a lot more to lose than NASCAR does.

[NickFalzone]

Forgive me for being skeptical, but right now the evidence is that on the first sample, which was tested twice, Methamphetamine was found. When NASCAR tried to do another random test this Monday, Mayfield jumped through hoops to try and avoid it. Again, makes me skeptical. If the argument is that NASCAR is an evil entity that will use crooked labs to make Jeremy look guilty, OK. But short of that being the case, I'd say Jeremy is hiding drug use. IMO that doesn't mean he shouldn't have a chance to go to rehab and then get back into business with random testing fairly often.

[Chaparral66]

Latest from Mayfield, from Jayski:

Mayfield defends himself in interview; considering selling team: UPDATE: Suspended Sprint Cup driver Jeremy Mayfield has broken his silence, vehemently denying allegations of drug use and adamantly defending himself from recent NASCAR claims in an exclusive interview with ESPN. "Every time there's an action [by NASCAR], there's going to be a reaction. From here on out," Mayfield said in a phone interview Wednesday from his home in Statesville, N.C. "I try to be nice. I try to be respectful to them. I try to do everything right. But I'm not getting drug through the mud no more." Mayfield repeated his stance that he never took methamphetamine. He also said he no longer consumes alcohol, largely due to the fact, he said, his father was a "bad alcoholic." Asked if he had ever taken illegal drugs, Mayfield responded, "What are you calling illegal? I've drank beer. I don't drink beer at all anymore. I don't drink. Don't do anything." He said he feels as though NASCAR is attempting to make an example of him. "I feel like that's exactly what they thought I was going to be. Exactly. To a 'T,'" Mayfield said. "Now, all the sudden, Brian's [France, NASCAR Chairman] coming back saying, 'Well, we have positive tests all the time.' Well, if it's a zero-tolerance policy, how in the hell do you have people testing positive all the time? "Then he comes back and says there's a list. I forget what big word he used -- an exhaustive list of drugs. Everybody in the world has asked him why the drivers don't have a list. What did he say? Now there's a list -- an exhaustive list. Right? Where's it at?" Mayfield broke his silence in response to accusations by NASCAR on Wednesday that he had purposely delayed taking a drug test by more than seven hours on Monday. The comments infuriated Mayfield, who said he was sent on a "wild goose chase," and was given just 18 minutes to get to a NASCAR-appointed lab to undergo testing. "I wasn't running or hiding from anybody, because I don't have to," he said.(ESPN.com)(7-9-2009)

He said, they said, right?

[Jonesi]

He said, they said, right?

Not quite. Nascar has already effectively admitted they were wrong in the collection process. Drivers who were interviewed last week said the starting at Sonoma the "collection" went from 5-10 minutes in the past to about half an hour now. They are now using the "I'm taking these drugs" forms they were supposed to be using along (no more telephone tag). (The drivers didn't mention if the cups they were given were sealed & sterilized and then sealed in their presence, but Nascar would have to be crazy not to at this point. I suspect the Medical Review Official will see that Federal guidelines are followed to.)

[Chaparral66]

Not quite. Nascar has already effectively admitted they were wrong in the collection process. Drivers who were interviewed last week said the starting at Sonoma the "collection" went from 5-10 minutes in the past to about half an hour now. They are now using the "I'm taking these drugs" forms they were supposed to be using along (no more telephone tag). (The drivers didn't mention if the cups they were given were sealed & sterilized and then sealed in their presence, but Nascar would have to be crazy not to at this point. I suspect the Medical Review Official will see that Federal guidelines are followed to.)

NASCAR has "effectively" admitted they were wrong in how they collected samples? How so? Have a link to any articles? I'd like to see that. All I've read so far is that they were following "proper procedure", whatever that is.
This is my whole point about this whole thing, all we've got is NASCAR saying one thing, and Mayfield another. I don't think we'll come close to the truth until this deal goes to trial, where specific - and even uncomfortable - questions will have to be asked so we can get the real story. Mayfield says combining Adderall and Claritin caused the appearence of methamphetamines. NASCAR's head sawbones says that's not possible. We need an independent authority, in a court of law, to confirm either way.

[Jonesi]

NASCAR has "effectively" admitted they were wrong in how they collected samples? How so? Have a link to any articles? I'd like to see that. All I've read so far is that they were following "proper procedure", whatever that is.

I haven't seen anything written about it on the web. It was on the prerace show before the Daytona race. Don't know if TNT or any other source has it on the web.

[Sparky1329]

Not quite. Nascar has already effectively admitted they were wrong in the collection process. Drivers who were interviewed last week said the starting at Sonoma the "collection" went from 5-10 minutes in the past to about half an hour now. They are now using the "I'm taking these drugs" forms they were supposed to be using along (no more telephone tag). (The drivers didn't mention if the cups they were given were sealed & sterilized and then sealed in their presence, but Nascar would have to be crazy not to at this point. I suspect the Medical Review Official will see that Federal guidelines are followed to.)

From what I have been told, drivers and other competitiors were required at the beginning of the season to submit a list of any prescription and OTC meds they were taking on a regular basis. Any variation to those was supposed to be reported to Dr Black and NASCAR. All prospective competitors were supposedly tested before the start of the 2009 season.

I can't imagine any medical professional collecting samples in anything other than a sterilized collection cup and following the protocol for proper collection. I haven't read or heard anywhere who is doing the collections at the track. Typically it's a process in which the "employer", in this case NASCAR, takes any part in the process. Everyone who I know who's subject to testing has their samples collected by agents of the testing lab.....period. HIPPA laws are extremely stringent in these sorts of situations.

Jeremy and NASCAR can and are spinning their sides of the story. Somewhere in the court process the truth will be revealed. Whether or not we'll hear about it is another story.

[Jonesi]

From what I have been told, drivers and other competitiors were required at the beginning of the season to submit a list of any prescription and OTC meds they were taking on a regular basis. Any variation to those was supposed to be reported to Dr Black and NASCAR. snip...

Anyone want to post what page and paragraph of "Nascar's Substance Abuse Policy" this rule is located? Because I went back through it and I can't find it. (It's a pdf of a photo copy so it's not word searchable, and one of the worst written rules I've ever seen.)

Also without a list what needs to be reported? Are they really supposed to call in everytime they swig some Pepto-Bismol?

[Lee Roy]

On Wind Tunnel last week there was a lawyer on with Dave DeSpain discussing this case. He didn't say much about the Mayfield case. But he also represents a several drivers, including Jimmy Johnson. He said that Johnson suffers from a lot of alergies. He said that Johnson spends a lot of time reporting to NASCAR and discussing with them the perscriptions and over the counter drugs that he's taking.

Wonder why Mayfield couldn't have done the same?

[Sparky1329]

Correction to this sentence:

"Typically it's a process in which the "employer", in this case NASCAR, takes any part in the process."

S/B "Typically it's a process in which the "employer", in this case NASCAR, does NOT take any part in the process."

My knowledge in this area is limited to the people I know. My husband was subject to random testing as a condition of his employment before he retired. The testing lab had a small motorhome manned by a staff that was credentialed and trained for the purpose of drug testing to satisfy insurance company requirements. The mobile lab would be on site and waiting for employees to arrive to report for work. Those who came up on the testing list had to visit the mobile lab on their arrival and give the staff a urine sample. I would hope that this type of process is and has been used by NASCAR since they implemented their testing policy.

[Sparky1329]

Anyone want to post what page and paragraph of "Nascar's Substance Abuse Policy" this rule is located? Because I went back through it and I can't find it. (It's a pdf of a photo copy so it's not word searchable, and one of the worst written rules I've ever seen.)

Also without a list what needs to be reported? Are they really supposed to call in everytime they swig some Pepto-Bismol?

I only know what I've been told by a NASCAR competitor who has been subjected to drug testing since the beginning of the season.

[Lee Roy]

Anyone want to post what page and paragraph of "Nascar's Substance Abuse Policy" this rule is located? Because I went back through it and I can't find it. (It's a pdf of a photo copy so it's not word searchable, and one of the worst written rules I've ever seen.)

Also without a list what needs to be reported? Are they really supposed to call in everytime they swig some Pepto-Bismol?

If you had the opportunity to drive in NASCAR Sprint Cup, with it's ability to make a driver a wealthy and famous person, and you knew that there was randon drug testing, would you not at least err on the side of caution and talk to the NASCAR staff concerning what you are taking.

BTW, why is Mayfield using that quack from Texas and not having his Doctor that diagnosed and is treating his ADD working this issue? When was his ADD diagnosed? So far it looks like it was some time subsequent to him hiring his lawyer.

[muggle not]

mayfield tests positive again???

http://msn.foxsports.com/nascar/story/9787800

mayfield must have a loving relationship with his mother-in-law. probably about the same as anyone else he has been associated with. She states that she has seen Mayfield take meth 30 times over the years.

[call_me_andrew]

http://blurredproductions.files.wordpress.com/2009/03/picard-facepalm2.jpg

[Sparky1329]

mayfield tests positive again???

http://msn.foxsports.com/nascar/story/9787800

mayfield must have a loving relationship with his mother-in-law. probably about the same as anyone else he has been associated with. She states that she has seen Mayfield take meth 30 times over the years.

Oh boy.

[gshevlin]

..this gets messier by the minute. Now Mayfield's family is being torn down the middle...

[youtellme]

He should have contacted TV go with cameras and went to have a DRUG TEST LIVE...
His PR guy should have had the brains to do that...
OTHERWISE MAYFIELD IS A ON DRUGS AND HOOKED

[Roamy]

This guy is a piece of sh!t - they should drag him around the track til he is gone !! There is NO place in motorsports for drug users - period.

[I am evil Homer]

I agree.....so long as it's proven beyond reasonable doubt that a) the test was conducted properly (ie no ability to tamper) and b) everyone tested was told prior to the test what the banned susbstances were and given the opportunity to report and prescribed medications that could legitimately contain those substances.

The lack of clarity from both sides makes neither side look good.

[NickFalzone]

As I said above, NASCAR needs to send Jeremy to rehab and then do regular testing. He's an addict and is displaying all the symptoms of it. One issue I do have with NASCAR here though is that apparently they have drivers test positive "all the time". That was mentioned by I believe a NASCAR lawyer in a recent AP story. Apparently they only pull the trigger on specific cases like Jeremy's when they have reason to believe the driver is not going to clean up. Several on Jeremy's team tested positive in the early part of the year, and that may have been part of their decision. IMO they need to take judgement like that out of the equation, and if you test positive it's made public and you're benched. Jeremy shouldn't be in a car and neither should any of the others.

[ShiftingGears]

He needs help.

[Jonesi]

As I said above, NASCAR needs to send Jeremy to rehab and then do regular testing. He's an addict and is displaying all the symptoms of it. One issue I do have with NASCAR here though is that apparently they have drivers test positive "all the time". That was mentioned by I believe a NASCAR lawyer in a recent AP story. Apparently they only pull the trigger on specific cases like Jeremy's when they have reason to believe the driver is not going to clean up. Several on Jeremy's team tested positive in the early part of the year, and that may have been part of their decision. IMO they need to take judgement like that out of the equation, and if you test positive it's made public and you're benched. Jeremy shouldn't be in a car and neither should any of the others.

It's not a binary yes/no thing. A lot of drugs/medication/chemicals are in most peoples bodies, but in much smaller doses. A lot a drugs the body creates itself, in small amounts. The medications suplement what the body isn't doing right. If you have breathing problems and use an inhaler, you probably will test positive for steroids, etc.

The latest on Jayski, says the drug tests Mayfield took (about an hour) before & after the Nascar one, came back clean,and he has about 16 clean tests (about every 3-4 days) too from different labs. He also said Nascar/Aegis is refusing to send the B sample to a lab of his choicing. I think when this is over Aegis may lose their certification, and Mayfield may get a big chunk of Nascar.

[Jonesi]

He needs help.

The only thing he needs as the saying goes is: "Lawyers, guns & money."

[Jonesi]

He should have contacted TV go with cameras and went to have a DRUG TEST LIVE...
His PR guy should have had the brains to do that...
OTHERWISE MAYFIELD IS A ON DRUGS AND HOOKED

If he's got a bunch of clean tests, it doesn't have to be on video. Something wrong is going on at Aegis.

[NickFalzone]

NASCAR's testing agency has heavily criticized the way in which Mayfield's personally chosen lab handled their own test, and say it is inadmissable in court. They also said Mayfield and his lawyer have not given the B-sample to a NASCAR approved testing lab, despite several requests. The reality here is that NASCAR's lab has found Mayfield to be positive on 2 separate occasions now. Are we really meant to believe that the problem is that NASCAR's testing lab is routinely getting false positive results on Mayfield? And that his relative that says she seen him doing meth is also lying? Both of those ARE possible, and that's what Jeremy is claiming, but that's a real load to believe. We're talking a major conspiracy here to take him out of NASCAR.

[beachbum]

NASCAR's testing agency has heavily criticized the way in which Mayfield's personally chosen lab handled their own test, and say it is inadmissable in court. They also said Mayfield and his lawyer have not given the B-sample to a NASCAR approved testing lab, despite several requests. The reality here is that NASCAR's lab has found Mayfield to be positive on 2 separate occasions now. Are we really meant to believe that the problem is that NASCAR's testing lab is routinely getting false positive results on Mayfield? And that his relative that says she seen him doing meth is also lying? Both of those ARE possible, and that's what Jeremy is claiming, but that's a real load to believe. We're talking a major conspiracy here to take him out of NASCAR.
What I find interesting is how people try to claim Aegis has done something wrong just because they don't like the results. They should just do a little research. Unlike some labs, Aegis has many licenses and accreditations from organizations like the DEA, and others. It is used by the courts themselves, police departments and medical examiners. Their work has been tested in the legal system and they are often used for court ordered testing. All of this makes the claim they screwed up very hard to accept. It also makes the court decision about who to use to test a B sample interesting because they would tend to use Aegis themselves.

In one report, Mayfield's team did mention a lab they used this time. A little research shows they are a medical testing lab doing a lot of routine medical testing, but not a lot of drug testing. Their web site shows no licenses but they do have many links for investor relations, which make you wonder what they focus on. The fact that Mayfield's attorneys didn't challenge the test results the first time, just the interpretation, and the fact they said they were looking for a lab that could duplicate the protocols and procedures used by Aegis strongly suggests they know Aegis is highly respected and the testing is not flawed.

[muggle not]

If he's got a bunch of clean tests, it doesn't have to be on video. Something wrong is going on at Aegis.
Something wrong is with mayfield. He needs serious help. The meth addiction may help explain his past actions that cost him 2 rides.

[ShiftingGears]

The only thing he needs as the saying goes is: "Lawyers, guns & money."

That won't stop a meth addiction.

[youtellme]

Now his Step Mom says she has seen him do Meth about 30 times.
Mayfield says Step Mom is a HO and she is in trouble for shooting his Dad.
She is trying to do a plea snitch on him for good time.
This is like a dang Soap Box Opra

[harvick#1]

Jerry...Jerry...Jerry

[jslone]

In my opinion,Mayfield is done with Nascar.There is way too many issues that needs to be resolved and it wont happen.How many times does an athlete/driver in this case fail a drug test and still sue to get back in?This is just one can of worms that isnt going to go away.

[Roamy]

As I said above, NASCAR needs to send Jeremy to rehab and then do regular testing. He's an addict and is displaying all the symptoms of it. One issue I do have with NASCAR here though is that apparently they have drivers test positive "all the time". That was mentioned by I believe a NASCAR lawyer in a recent AP story. Apparently they only pull the trigger on specific cases like Jeremy's when they have reason to believe the driver is not going to clean up. Several on Jeremy's team tested positive in the early part of the year, and that may have been part of their decision. IMO they need to take judgement like that out of the equation, and if you test positive it's made public and you're benched. Jeremy shouldn't be in a car and neither should any of the others.

this country is going to hell in a lead sled. Not only should race drivers be banned for life but any athlete period end of story!! Sh!t even the Islams are holding a conference in Chicago as I type. We have turned in to a sad sack of sh!t. And somebody thinks this guy need rehab - he needs to go see Dr Winchester !!

[Chaparral66]

This is obviously serious, if Mayfield tested positive again. But now, with so many charges and counter charges going back and forth, I'm not sure who to believe. I still want the court case to proceed, so the truth hopefully will come out so we can all understand without doubt. This is the only way we can get at the truth.

[Mark in Oshawa]

It's not a binary yes/no thing. A lot of drugs/medication/chemicals are in most peoples bodies, but in much smaller doses. A lot a drugs the body creates itself, in small amounts. The medications suplement what the body isn't doing right. If you have breathing problems and use an inhaler, you probably will test positive for steroids, etc.

The latest on Jayski, says the drug tests Mayfield took (about an hour) before & after the Nascar one, came back clean,and he has about 16 clean tests (about every 3-4 days) too from different labs. He also said Nascar/Aegis is refusing to send the B sample to a lab of his choicing. I think when this is over Aegis may lose their certification, and Mayfield may get a big chunk of Nascar.


You taking the same Meth Jeremy is on? The man tested positive with one of the most reputable drug labs in the country. They specialize in drug tests. The second test was a WITNESSED test in that they WATCHED the man provide his sample. The B sample of that test is still sealed awaiting Mayfield's lawyer to agree to a lab that is agreeable to both parties and/or the judge. In that sample they will find the same result the A sample provided which was that Jeremy was on Meth. What is more, it took 7 hours to get this sample, way past the 2 hour window that is to be acceptable under any drug testing program. Mayfield couldn't find the lab, the NASCAR lab guys came to his HOUSE, witnessed the test but only an an hour plus delay while Mayfield chugged water (THAT shows up in the A sample of this second positive test).

Aegis is used by goverments and all sorts of reputable companies for this work. NASCAR has NOTHING to gain by this, they have taken a huge PR hit from naive people thinking they are out to get Mayfield. They were NOT out to get him, until he tested positive, which we ALL know we don't want on the race track.

NASCAR's only mistake with any of this having the first positive test B sample tested again by AEGIS. THAT isn't happening in this second test.

The man is taking meth people. TWO test have proven that. This isn't some mixup, the man had 300 TIMES the acceptable amount if it was a simple mix of drugs. It is well known people who have tried to hide meth habits have used Adderol as a masking agent, but 300 times the acceptable level says he was taking Adderol and Clartin by the box load....which obviously is bad too.

NASCAR will win this, not because they have the money or resources to grind this dumb@ss down, but they will win because they are RIGHT.

CASE CLOSED.


Well...maybe not..go one with your conspiracy threories and half cocked ideas.....

[Mark in Oshawa]

If he's got a bunch of clean tests, it doesn't have to be on video. Something wrong is going on at Aegis.

His "tests" were done by a lab of his lawyers choosing, not one by the way that does drug screens. His tests were not "witnessed" in that we have no idea if he didn't take a "whizzinator" into the test with him. How do we know that is his urine? When you are in a drug testing program such as Aegis runs, they have you go in after being searched for such things, and the only thing you take into that toilet is your clothes and your body. There is a protocol. Did any of Jermey's "negative" tests have this same chain of evidence and procedure followed? How we do know this?

What bothers me is you don't hold Mayfield to the same standards you hold NASCAR to. Jeremy is a big lying fool....and is showing a lot of the classic denial's most addicts of any drug use, in that the world is out to get me, you are all wrong, I will be vindicated.....you know and you have heard it before. Riddle me this tho Batman, when was the last time you saw a major athlete who tested positive in ANY sport get his positive test overturned? Think about it......it HASNT HAPPENED. The lawyers make lots of noise about procedure, claim tampering, claim vindictive prosecution but never provide any proof.

We saw it all here in 1988 in the aftermath of the Ben Johnson steroid scandal where he lost his 100m gold medal in Seoul. There was a national inquiry on all of it, and I have to say much of what I am seeing now is the same lame defense Johnson's lawyers tried to throw at the courts when Ben was fighting. It all came out in the inquiry afterward on drugs in sport that there is no real defense for taking drugs. There is also no way a false positive shows up in two separate tests 3 months apart.

[youtellme]

NASCAR SPIKED THE 2ND TEST!!!
He and his lawyers got LABCORP of America to do a test and he passed.
Read ALL ABOUT IT!!

CHARLOTTE -- Jeremy Mayfield feels some sense of vindication.

"We’re very excited about the results," he told NewsChannel 36 after an independent lab, LabCorp, sent results to Mayfield’s attorneys showing he tested negative for meth. Those results are from a urine sample he gave within an hour of giving a separate urine sample to NASCAR, though NASCAR's lab results claim Mayfield tested positive for the drug.

Asked how both tests can come back with two different results Mayfield said, "That's what we’d like to know and that's what we’re gonna find out."

Mayfield's attorney suggests NASCAR might be "spiking" the sample.

And Mayfield agrees. "It’s for sure a spiked sample," he said.

Mayfield says his lawyers have had him tested repeatedly, and the only samples that have come up positive for meth are the ones NASCAR has tested. "They are hell-bent on proving Jeremy Mayfield is wrong. They keep digging themselves a hole [and it] keeps getting bigger and bigger," said John Buric who is representing Mayfield.

[beachbum]

His "tests" were done by a lab of his lawyers choosing, not one by the way that does drug screens. His tests were not "witnessed" in that we have no idea if he didn't take a "whizzinator" into the test with him. How do we know that is his urine? When you are in a drug testing program such as Aegis runs, they have you go in after being searched for such things, and the only thing you take into that toilet is your clothes and your body. There is a protocol. Did any of Jermey's "negative" tests have this same chain of evidence and procedure followed? How we do know this?

What bothers me is you don't hold Mayfield to the same standards you hold NASCAR to. Jeremy is a big lying fool....and is showing a lot of the classic denial's most addicts of any drug use, in that the world is out to get me, you are all wrong, I will be vindicated.....you know and you have heard it before. Riddle me this tho Batman, when was the last time you saw a major athlete who tested positive in ANY sport get his positive test overturned? Think about it......it HASNT HAPPENED. The lawyers make lots of noise about procedure, claim tampering, claim vindictive prosecution but never provide any proof.

We saw it all here in 1988 in the aftermath of the Ben Johnson steroid scandal where he lost his 100m gold medal in Seoul. There was a national inquiry on all of it, and I have to say much of what I am seeing now is the same lame defense Johnson's lawyers tried to throw at the courts when Ben was fighting. It all came out in the inquiry afterward on drugs in sport that there is no real defense for taking drugs. There is also no way a false positive shows up in two separate tests 3 months apart.Excellent analysis. It would seem many posters here and in the media want to go after NASCAR because they can't see how someone would logically continue to use drugs when they knew they were going to be tested or knew they might endanger other people or knew it could destroy their own life. Some wonder how he could have been using for years as some have claimed and no one around racing knew, or no one turned him in.

The problem with those arguments is applying logic to the behavior of a addicted or abusing person. Normal logic does not apply to their behavior.

Anyone who has had the misfortune to spend time around an addicted person knows Mayfield's behavior is entirely typical of an addicted person. They often use for years with only very close family having any idea, and even family can be fooled. Most are "high functioning" and have an outwardly normal appearance and hold down jobs and responsible positions in society. Very few fit the stereotype of a "drug user" as shown on TV. They are your next door neighbor, your co-worker, your local fireman, even your doctor. A highly respected doctor I had as a kid suddenly stopped practicing. Later it was learned he was a morphine addict and had been for years and eventually went to jail on a drug charge. Families rarely turn in an abuser as they frequently blame themselves for some failure that drove the user to drugs or alcohol. The typically only speak out when they situation becomes public or in the legal system. That often happens when there is a history of drug or alcohol abuse in the family. Even Jeremy has admitted his father was an alcoholic, a fact mostly hidden at the time of his father's death. There is a lot of family shame.

When faced with confrontation, they deny, make up stories, almost always blame someone else, typically the family (who already feel guilty), attack any authority that tries to limit them, such as an employer (NASCAR in this case), or even the legal system. They do everything possible to divert attention away for their own issues because their only goal is get people to leave them alone so they can continue using. They research how to "cheat" the tests (all of which fail) They almost always claim someone is out to get them, and in a sense they are right. People are trying to change their behavior. They don't want to change, and have no concern over any damage they leave in their wake. Often their stories take on a bizarre twist, like Mayfield claiming he had 15 negative tests. Where are those results? The one his legal team released is a joke.

If you have never been there, this probably makes no sense, and you are right, their behavior makes no sense. If you have been there, this is all very familiar and sad for all involved.

There are no winners in this, other than perhaps the other drivers and fans. To me, their safety is much more important than the plight of a single driver who has done much over the years to destroy his own career. I don't even care about the credibility of NASCAR. Someone should tape Brian France's mouth shut and they should just let the courts handle this.

[NickFalzone]

NASCAR SPIKED THE 2ND TEST!!!
He and his lawyers got LABCORP of America to do a test and he passed.
Read ALL ABOUT IT!!

CHARLOTTE -- Jeremy Mayfield feels some sense of vindication.

"We’re very excited about the results," he told NewsChannel 36 after an independent lab, LabCorp, sent results to Mayfield’s attorneys showing he tested negative for meth. Those results are from a urine sample he gave within an hour of giving a separate urine sample to NASCAR, though NASCAR's lab results claim Mayfield tested positive for the drug.

Asked how both tests can come back with two different results Mayfield said, "That's what we’d like to know and that's what we’re gonna find out."

Mayfield's attorney suggests NASCAR might be "spiking" the sample.

And Mayfield agrees. "It’s for sure a spiked sample," he said.

Mayfield says his lawyers have had him tested repeatedly, and the only samples that have come up positive for meth are the ones NASCAR has tested. "They are hell-bent on proving Jeremy Mayfield is wrong. They keep digging themselves a hole [and it] keeps getting bigger and bigger," said John Buric who is representing Mayfield.

If you believe that, I've got a bridge to sell. There's a reason why NASCAR says this Mayfield approved test can't be used in a court of law. Several reasons actually. It's on Jeremy to prove his innocence to NASCAR, not the other way around as much as he and his lawyer's would like to muddy the waters with clearly a test they were able to get around, through hook or by crook. "Spiking" the sample on several occasions by NASCAR is highly unlikely to the point of being delusional. But using a personally selected lab because they have less stringent guidelines that you can get around (ie a whizzinator, or whatever else) makes perfect sense for someone trying to dodge a positive.

[muggle not]

This is the Lab that Jeremy had perform the test for him.

http://www.labcorpsucks.com/

[Chaparral66]

Excellent analysis. It would seem many posters here and in the media want to go after NASCAR because they can't see how someone would logically continue to use drugs when they knew they were going to be tested or knew they might endanger other people or knew it could destroy their own life. Some wonder how he could have been using for years as some have claimed and no one around racing knew, or no one turned him in.

The problem with those arguments is applying logic to the behavior of a addicted or abusing person. Normal logic does not apply to their behavior.

Anyone who has had the misfortune to spend time around an addicted person knows Mayfield's behavior is entirely typical of an addicted person. They often use for years with only very close family having any idea, and even family can be fooled. Most are "high functioning" and have an outwardly normal appearance and hold down jobs and responsible positions in society. Very few fit the stereotype of a "drug user" as shown on TV. They are your next door neighbor, your co-worker, your local fireman, even your doctor. A highly respected doctor I had as a kid suddenly stopped practicing. Later it was learned he was a morphine addict and had been for years and eventually went to jail on a drug charge. Families rarely turn in an abuser as they frequently blame themselves for some failure that drove the user to drugs or alcohol. The typically only speak out when they situation becomes public or in the legal system. That often happens when there is a history of drug or alcohol abuse in the family. Even Jeremy has admitted his father was an alcoholic, a fact mostly hidden at the time of his father's death. There is a lot of family shame.

When faced with confrontation, they deny, make up stories, almost always blame someone else, typically the family (who already feel guilty), attack any authority that tries to limit them, such as an employer (NASCAR in this case), or even the legal system. They do everything possible to divert attention away for their own issues because their only goal is get people to leave them alone so they can continue using. They research how to "cheat" the tests (all of which fail) They almost always claim someone is out to get them, and in a sense they are right. People are trying to change their behavior. They don't want to change, and have no concern over any damage they leave in their wake. Often their stories take on a bizarre twist, like Mayfield claiming he had 15 negative tests. Where are those results? The one his legal team released is a joke.

If you have never been there, this probably makes no sense, and you are right, their behavior makes no sense. If you have been there, this is all very familiar and sad for all involved.

There are no winners in this, other than perhaps the other drivers and fans. To me, their safety is much more important than the plight of a single driver who has done much over the years to destroy his own career. I don't even care about the credibility of NASCAR. Someone should tape Brian France's mouth shut and they should just let the courts handle this.

Some very good points here, given me a lot to think about. But I still think this needs to go to court. Mayfield is certainly not the sharpest tool in the shed, and NASCAR is no angel in disguise. We need to get all the dirty linen out in court, and have a test done by a lab the court trusts, and on its timetable, not NASCAR's or Mayfield's.

[NickFalzone]

According to NASCAR.com the suspension was reinstated today. They also say that the test Jeremy provided outside of NASCAR's testing lab was done in a less than stringent manner that many sports would not allow.

http://www.nascar.com/2009/news/headlines/cup/07/24/jmayfield.injunction.overturned/index.html

http://www.nascar.com/2009/news/headlines/cup/07/24/jmayfield.urine.tests/index.html

[Sparky1329]

Despite his lip flapping about some major sponsor, yadda, yadda, Jeremy is still over. He sounds like a guy who's on something other than Claritin. Remember The Rule of Holes, Methfield. You spiked yourself.

[muggle not]

http://www.nascar.com/2009/news/headlines/cup/07/24/jmayfield.sells.team/

"Georgia-based team owner John Carter confirmed Friday he has acquired the assets of Jeremy Mayfield's Sprint Cup operation in what he called "a package deal."

Carter's operation recently announced plans to have Terry Labonte and Boris Said to drive the No. 08 for the rest of the season, beginning with this weekend's Allstate 400 at the Brickyard. Tony Furr was brought in to oversee the team, and he suggested to Carter to reach out to Mayfield, embroiled in litigation with NASCAR over a pair of failed drug tests."

[Chaparral66]

I have to admit, this big sponsorship deal Mayfield says is 80% along on sounds like delusions of grandeur. Who'd want to touch this until the case has been decided?

[Mark in Oshawa]

I have to admit, this big sponsorship deal Mayfield says is 80% along on sounds like delusions of grandeur. Who'd want to touch this until the case has been decided?

Chap..that is the kind of delusions Meth addicts have.

It has to go to court, but until then, he is isn't in a race car. If the man is on drugs, that is a good thing.

NASCAR has done a lot of capricious things in their time, but this drug testing program isn't one of them. It is one of the most strict and yet fair programs in sport, and since it is the only sport that contends with the spectre of death if someone screws up at 190mph, that is fitting.

NASCAR didn't need nor want to have this bad PR from all the conspiracy is under every rock crowd. I am sure they wish like hell Mayfield never tested positive but he did, and they have to put this away with Mayfield out of racing and into treatment. The out of racing part they have done, Jeremy needs to hit rock bottom and do the treatment.

[Sparky1329]

I have to admit, this big sponsorship deal Mayfield says is 80% along on sounds like delusions of grandeur. Who'd want to touch this until the case has been decided?

It sounds like something a meth user would say.

[Sparky1329]

Just when you thought this couldn't get better, or worse if you're Jeremy, it does.


http://www.thatsracin.com/140/story/14573.html


NASCAR disputed the sworn testimony Mayfield provided to U.S. District Court last week, including the assertion that a July 6 request for a second drug test went to his voicemail at 1:18 p.m. He said he didn't get the message until about 40 minutes later, making it difficult for him to meet the two-hour deadline to report for testing.

NASCAR provided a transcript of the actual conversation between Mayfield and Regina Sweeney, an employee of Aegis Sciences Corp., which runs NASCAR's drug-testing program. NASCAR said it would provide the recording upon request.

"I'm calling on behalf of NASCAR who has requested that you take a drug test today within the next two hours ... and I was going to help find you a location that you could go to based upon where you are right now," Sweeney said in the transcript.

"Right, well I'm gonna have to - let me talk to my attorney first. ... So, and I'll get back with you," Mayfield is quoted as replying.

According to Mayfield's affidavit from last week, he was in a meeting and did not receive the message until 2 p.m. and it was 2:44 p.m. when he was finally told what labortatory to go to - making it impossible for him to meet the testing deadline.

And......


http://www.thatsracin.com/115/story/14575.html


NASCAR has a “significant number” of witnesses who will testify that suspended driver Jeremy Mayfield used methamphetamines, a NASCAR official said Monday.

The official said those witnesses would testify to recent and long-term use.

The official's remarks followed a court filing Monday by NASCAR attorneys in U.S. District Court. The filing asked U.S. District Court Judge Graham Mullen to lift an injunction he granted this month so Mayfield could return to racing.

Mayfield was suspended May 9 after a positive test for what NASCAR later identified as meth.

An appeals court last week put on hold Mullen's injunction, but Monday's filing is part of a larger lawsuit between NASCAR and Mayfield.

The NASCAR official declined to further characterize the witnesses to Mayfield's meth use, but in Monday's court filing, NASCAR attorneys said they were reluctant to testify after Mayfield angrily responded to similar testimony from his stepmother, Lisa Mayfield.

[Mark in Oshawa]

If I am NASCAR, I let the drug tests stand by themselves. You don't need testimony from people if the test is showing the guy as loaded.

[JasonD]

If I am NASCAR, I let the drug tests stand by themselves. You don't need testimony from people if the test is showing the guy as loaded.

Actually you do.

The test said it shows signs of a longtime user which Jeremy disputes. So having a test that says his is and then witnesses that back that up proves NASCARs case.


Put a fork in this guy, hes done.

[Sparky1329]

Oh he's definitely done. He spiked himself. What a dumbazz.