NASCAR files appeal to have Mayfield suspension re-issued
12 Comments Quote selected text Published July 6th, 2009 in NASCAR News
NASCAR is appealing U.S. District Court Judge Graham Mullen’s decision to issue a preliminary injunction lifting the suspension of driver/owner Jeremy Mayfield, the sanctioning body said in court documents today.
NASCAR filed a motion Monday asking Mullen to suspend his decision from last Wednesday 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 that 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 that Mayfield’s expert stated that the level of methamphetamine (48,000 nanograms per milliliter) indicates that 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 that 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.
cry nascar cry. the man has his rights to plus you just want to black ball him
Nascar should just test his hair and be done with it. These judges read test results every day i’m sure they know a false positive if they see it.
George Thompson wrote:
Here is the thing, the Judge never ruled on the test results yet, the case is still on-going. He just said that he can race until the case is heard.
And In-order for NASCAR to test his hair they would have to get the Judge to allow it.
They judge should never had reinstated Mayfield until they were sure of the drug test. By letting him drive without knowing beyond a doubt they are putting all the other drivers and the public in danger. I don’t think the court system should have any say in who Nascar suppends or fines or anything else that protects the other drivers and fans. Nascar is an organization and has it’s own rules, Nascars rules forbid someone from driving if they test positive to a drug test. They did a legal test and came back positive. I think they should do more drug testing to keep the sport safe and clean, this is a family fan base sport. As for being broke, these drivers make millions of dollars, where did his go? Drugs?
Here the thing NASCAR doesn’t want to test his hair because if that test comes back negative, it will show that there testing is flawed. That would be bad for them, so they just want this to go away. He(Mayfield) tested negative in Febuary or March at one of the races, so after that he just decide to try some methamphetamines for a good time. That is what is hard to believe knowing some friends who have had drug problems and that is the one drug they got hooked on after other drugs quit working for them. Not many drug addicts start out on methamphetamines.
Give it a rest NASCAR, your tarnishing your own name.
Jeremy wrote:
How-so? They are doing what everybody who ever has a court-case does.
Fisha695 wrote:
They took a sport that was based on an illegal moonshining (running from the Law) and turned into something that is awesome and now they are dragging a driver who did or did not do an illegal something and are dragging him through the court system, when it was court ordered that he is okay to race. Just does not sound right. But I guess are new American way is to sue then counter sue and let the gov’t settle it.
Jeremy wrote:
The very first race in what is now the NASCAR Cup series had the original winner of the race DQ’d for having an illegal car, handing the win to the 2nd place finisher. Soon after that NASCAR entered a court case with the driver that was DQ’d and NASCAR won with the judge giving them full power to control the rules and penalties as they see fit.
NASCAR was never about anything illegal, NASCAR was about taking the 50 or 60 different stockcar races happening randomly during the summer in backwoods cornfields and organizing them into a tour/series that they had full control of and the power to “crown” somebody a “world champion”.
This whole Redneck Shine-running thing isn’t the real story of NASCAR, nor is it the real story of Stockcar racing, it’s the story of 3 or 4 idiots who for some reason turned into false heros, who with their stories took credit for something they had no involvement in what-so ever.
NASCAR came about not because of Shine-running, but because of World Speed Record running, that’s where the idea was born, that is where the idea was finalized, and that is where the very first race under NASCAR sanctioning was held.
Its a sad day when the courts control what a sactioning body such as NASCAR can and cannot do.
OJ was found not guilty??? but lost a civil suit with the same evidence.
Fisha695 wrote:
Okay…. Thanks for writing a thesis on just my first sentence….
Fisha695 wrote:
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I can tell you one thing, Nascar is wasting money over this, Mr. France could find better ways to spend that money, like donating some to refurbish tracks, or even get drunk on it!!!