NASCAR is asking a federal judge to stay the injunction granted Jeremy Mayfield and also has filed a notice of appeal to the U.S. Court of Appeals for the Fourth Circuit in Richmond, Va.
NASCAR filed the paperwork Monday.
Judge Graham Mullen granted an injunction last week in federal district court in Charlotte allowing Mayfield to compete in NASCAR events for the first time since May 9, when he was indefinitely suspended for a failed drug test.
Mayfield filed suit after the suspension, challenging the drug testing procedures and claiming in an affidavit he's never taken methamphetamine.
Mayfield did not go to Daytona last weekend, saying in a statement he had little time once the injunction was granted to get a car ready, assemble a team and get there. Instead, Mayfield said he was attempting to get sponsorship so the team could race this weekend at Chicagoland Speedway. The entry list for Saturday's race does not include Mayfield, but he can be a late entry and still compete.
NASCAR doesn't want Mayfield to get such a chance.
In its filing Monday, NASCAR contends the judge "failed to apply the correct legal standard" for granting the injunction.
NASCAR also noted the judge failed to consider:
* "The reliability of Mayfield's employees." In affidavits, they said Mayfield had not ingested methamphetamine.
* "The sophistication and sensitivity of Aegis's drug testing procedures that prevent a false positive result for methamphetamine."
* "The fact that Mayfield's expert conceded that the level of methamphetamine revealed by Mayfield's urine test indicates that Mayfield may be a chronic methamphetamine user."
NASCAR also noted in court documents that the judge "decided without the benefit of any evidence in the record that a reliable and accurate same-day test for methamphetamine exists which can ensure Mayfield's drug-free participation in upcoming NASCAR events."
Also in court documents, NASCAR notes: "Mayfield continues to pose a threat to public safety, thereby warranting NASCAR's immediate appeal of this Court's decision."
Contact Dustin Long at 373-7062 or dustin.long@news-record.com
SPRINT CUP
What: Lifelock.com 400
Where: Chicagoland Speedway, Joliet, Ill.
Time/TV: 8 p.m. Saturday/TNT
Qualifying/TV: 8:30 p.m. Thursday/Speed
NATIONWIDE
What: Dollar General 300
Where: Chicagoland Speedway
Time/TV: 8 p.m. Friday/ESPN
Qualifying/TV: 3 p.m. Friday/ESPN2
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