NASCAR files motion to reinstate Mayfield's ban

CHARLOTTE, N.C. -- NASCAR wants a federal judge to reverse his ruling and keep driver Jeremy Mayfield off the track.

NASCAR filed the motion Monday, asking U.S. District Court Judge Graham Mullen to reinstate Mayfield's ban. The driver was suspended May 9 after failing a random drug test, and NASCAR said he tested positive for methamphetamine.

Suspension lifted

A judge issued a temporary injunction on Wednesday that lifted Jeremy Mayfield's drug suspension, saying the NASCAR driver is free to race.

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The latest twist comes after Mullen's decision last week to grant an injunction clearing Mayfield to compete. Mullen said the chance of a false positive on his drug test was "quite substantial."

NASCAR disputes Mullen's conclusion, and said Mayfield poses a threat to public safety. NASCAR also filed a notice saying it plans to bring the case before a federal appeals court.

In its motion, NASCAR contends Mullen relied on facts "outside the record, including the purported existence of reliable hair sample tests and same-day tests for methamphetamine."

To address NASCAR's concerns about allowing someone who tested positive for an illegal drug back into competition, Mullen said in his ruling that NASCAR could test Mayfield constantly and ask for a hair sample "to determine if he's been a meth-head or not."

"If they want it, I cut it about once a week so we can do that," Mayfield said. "Whatever we've got to do."

Despite the judge's relief, Mayfield didn't bring his No. 41 Toyota to Daytona last weekend, citing a lack of prep time. He couldn't find a spot as a relief driver and instead spent the weekend in North Carolina preparing to run in Chicago this weekend.

His team, however, wasn't on the entry list for Saturday's race at Chicagoland Speedway. (Entry List)

Mayfield still could attempt to qualify for the race.

Under NASCAR rules, teams have until one hour before the first practice to register. That gives Mayfield until Thursday afternoon, but he would have to pay a late entry fee of several thousand dollars. He also could make the race if hired to drive for another team.

The suspension has left Mayfield's fledgling program financially strapped. In court documents, he said he has laid off 10 employees, borrowed money from family and sold personal assets to cover his living expenses. Triad Racing Technologies also filed a lawsuit after his suspension, accusing Mayfield of owing more than $86,000.

Mayfield has missed eight consecutive races since the suspension, and Mayfield Motorsports -- which hired J.J. Yeley to drive for the first two races after the suspension -- has missed the last six events.