NASCAR wants Mayfield's suspension reinstated

CHARLOTTE, N.C.-NASCAR filed papers Monday seeking to reverse a district
judge's ruling that lifted owner/driver Jeremy Mayfield's suspension for
allegedly failing a drug test in May.

NASCAR asked U.S. District Court Judge Graham Mullen to suspend his decision
from last Wednesday to issue a preliminary injunction until the appeal could
be heard, a common request that is a prerequisite for an appeal in a case
such as this one. NASCAR also filed a notice that it will file an appeal
with the U.S. Court of Appeals in Richmond, Va.

NASCAR claims Mullen failed to properly consider the sophistication and
sensitivity of the Aegis Laboratories drug-testing procedures used to
conduct NASCAR's tests and the fact Mayfield's expert stated the level of
methamphetamine indicates Mayfield might be a chronic user.

NASCAR also questions Judge Mullen's reasoning that Mayfield could be tested
daily, including with a hair test, to see if he is a safety risk. NASCAR
says there was no evidence at the hearing "that a reliable and accurate
same-day test for methamphetamine exists which can ensure Mayfield's
drug-free participation in upcoming NASCAR events."

"Mayfield continues to pose a threat to public safety, thereby warranting
NASCAR's immediate appeal of this Court's decision," NASCAR states in its
filing Monday.

Mayfield, who qualified for five of the first 11 races this season after
starting his own team and has five wins in 433 career Sprint Cup starts,
contends the May 1 drug-test findings that prompted his suspension resulted
from a combination of prescription drug Adderall and over-the-counter
Claritin-D allergy medicine. He also has contended that NASCAR must follow
guidelines that regulate federal agencies. NASCAR disputes those claims.

Although the injunction reinstated Mayfield as an eligible driver and owner,
he did not attempt to make the Coke Zero 400 last weekend at Daytona
International Speedway. He issued a statement Saturday saying he was hoping
to obtain the sponsorship necessary to enter this weekend's race at
Chicagoland Speedway, but he is not on the entry list.

"It is clear that Mayfield misled the Court about the need for a preliminary
injunction to protect his livelihood given that-contrary to his
representations to the Court-he failed to seek eligibility for the Fourth of
July NASCAR race," NASCAR said in its filing Monday.

Mayfield attorney John Buric said the appeal was expected, but Mayfield will
remain focused on trying to get his team assembled to get back on the track.

"He's leaving the legal wrangling to his lawyers, and he's focusing on
attempting to get set up to race if he can," Buric said.

Buric said he was unsure if Mayfield could get an entry ready for Chicago
this weekend.

"He obviously has trouble with his own group as the result of his delay in
keeping his folks employed. It's not easy. . He made a good valiant effort
last weekend that didn't pan out."

NASCAR's assertion that Mayfield's failure to show in Daytona last weekend
proved he didn't need emergency relief was "ridiculous," Buric said.

"It's ludicrous to suggest that because Jeremy wasn't there racing, it
wasn't an emergency," Buric said. "The emergency was getting him the ability
to be able to race. The fact that the judge said (he) can, the judge didn't
give him money and say, 'Here's money to go get your team ready.' "