Mayfield FAILED Drug Test

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Originally Posted by Sparky1329

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.

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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....

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.

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Originally Posted by Mark in Oshawa

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....

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Mark, have you ever been taken to court?

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Originally Posted by Chaparral66

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

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

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Originally Posted by Chaparral66

not reveal what it is,

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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.

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Originally Posted by Chaparral66

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

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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.

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Originally Posted by Mark in Oshawa

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....

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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.

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.

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.

http://hosted.ap.org/dynamic/stories...06-16-09-35-25

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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)

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

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Originally Posted by Sparky1329

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

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Might it have been:

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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.

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