Mayfield, France argue residence in legal battle

CHARLOTTE, N.C. -- Jeremy Mayfield was in federal court Thursday concerning a lawsuit he filed against NASCAR and CEO Brian France after Mayfield was banned in May 2009 for an alleged failed drug test, News 14 Carolina reported.

The evidentiary hearing will be used to determine if there is enough evidence to move forward with a case, but court officials must first determine where that case would be heard.

NASCAR's attorneys say that France's primary residence is Florida. However, Mayfield's attorney, Mark Geragos, claims France's primary residence is North Carolina.

"Now let's remember what this case is about. This case is about failed drug tests by Jeremy Mayfield, who has tested positive on more than one occasion for methamphetamine," NASCAR spokesman Ramsey Poston said.

France testified Thursday that he owns multiple residences in Daytona Beach, Fla., Charlotte and California.

Geragos said France claimed North Carolina residency during his divorce and custody agreement.

France's ex-wife, Megan, said France moved her and their children to Charlotte after they married. They've since divorced but he keeps a North Carolina home to make visitation easier.

France's 2009 marriage license to his new wife was filed in North Carolina. France was married in the Caribbean but obtained his marriage license in North Carolina as a matter of convenience.

France attorneys also presented several pieces of evidence to the court making the case that his residence is Daytona Beach including his driver's license, tax returns and voter registration.

If the judge rules that France's primary residence is North Carolina, the case likely would be held in state court. If the judge decides that it's Florida, the case likely will remain in federal court.

Attorneys have two weeks to file their arguments with the federal judge.