Jayski's® NASCAR Silly Season Site - NASCAR Substance Abuse News and Rules

NASCAR Substance Abuse News and Rules

Among the substances NASCAR crews must be tested for are:
- Seven different amphetamines, including methamphetamine and PMA, a synthetic psychostimulant and hallucinogen.
- Three drugs classified under ephedrine.
- 13 different narcotics, including codeine and morphine.
- Ten different benzodiazepines and barbituates.
- Marijuana, cocaine, zolpidem, nitrites, chromates and drugs that can increase specific gravity.
(the crews include - pit crew members, including "over-the-wall" crew members, the crew chief, car chief, team members responsible for tires, fuel and pit crew operation, spotters and race-day support personnel that includes engineers, engine tuners, shock specialists, chassis specialists and tire specialists). No such list exists for the drivers

NASCAR Substance Abuse Policy

Competitors are asked to take a drug test if there is "reasonable suspicion."

Anyone who obtains any kind of NASCAR license must sign an "authorization for testing and release" waiver each season.

NASCAR can ask for samples of urine, blood, saliva, hair or breath tests if "reasonable suspicion" of drug use has been established.

A number of NASCAR officials are trained to take and seal samples for testing, and all are versed in detecting signs of impairment.

NASCAR encourages "whistle blowing" among its competitors to help police its substance abuse policy.

NASCAR reserves the right to suspend a competitor based on a conviction for driving a passenger vehicle while under the influence of alcohol or drugs, or a drug-related conviction.

Competitors and officials are prohibited from consuming alcohol prior to or during a race.

If a person fails a drug test and wants to return to racing, he or she must submit to a series of spot testing. The person being tested must pay for the examinations.

If an individual is reinstated, NASCAR reserves the right to randomly test that individual.

NASCAR does not recommend specific rehabilitation programs but strongly encourages self-help and treatment for those afflicted with a drug problem or alcohol abuse.

Drivers Suspended:
Jeremy Mayfield, 5/9/2009, Sprint Cup, court lifts suspension 7-1-2009
Aaron Fike, 7/11/2007, Truck Series
Tyler Walker, 5/18/2007, supposedly has been reinstated, Truck Series
Kevin Grubb, twice 3/2004 and 9/11/2006 when refused to take a test (died 5/6/2009), Nationwide Series
Shane Hmiel, three times, last for life, 9/18/2003, 5/2005 and 2/2006, Nationwide Series
Brian Rose, 3/2003, Truck Series
Sammy Potashnick, 2/2002, Nationwide/Truck Series

Drug Policy: see the Charlotte Observer for
NASCAR's Drug Policy (pdf) Mayfield's lawsuit (pdf)

NASCAR rated with 5th best Drug Testing in sports: The Wall Street Journal examined antidoping policies of 22 major sports or governing bodies and gave them a "clarity quotient" based on the presence of a policy, its accessibility to the public, severity of sanctions for offenders and administration of the code itself. A score of 100 is the gold standard, below 50, insufficient. NASCAR's policy is rated 5th of 22 with a score of 90.
NASCAR: Has nine racing series with close to 2,000 drivers. The misuse or abuse of any drug or alcohol is a violation. Even prescription drugs and over-the-counter drugs that may cause a driver "to have a competitive advantage or diminished or impaired ability to perform" on the day of the event are banned. Competitors are subject to out-of-season testing, preseason testing, random testing and testing for cause. Positive test result means an indefinite suspension. Competitors are offered a treatment program to undergo and afterward may seek reinstatement. No drivers' union to contend with and an obligation to protect spectators allow for strict policy.
The four sports ahead of NASCAR: International Boxing Federation / U.S. Boxing Association; International Olympic Committee; International Tennis Federation; International Association of Athletics Federations (track & field).(Wall Street Journal)(11-14-2009)

J.C. France arrested on drug charges: A grandson of NASCAR founder Bill France has been arrested on drug charges. According to a Daytona Beach police report, J.C. France was arrested early Thursday morning on charges of possession of narcotics and driving under the influence. The report states that an officer found a small bag containing a "white cakelike substance" during a traffic stop. France is the son of NASCAR board member Jim France and a driver in NASCAR's Grand-Am Series. According to a statement from NASCAR spokesman Ramsey Poston, he has been indefinitely suspended from all competition. Poston says Frace is being treated "like any other competitor." France posted $4,500 bond and was released from Volusia County jail on Thursday.(Associated Press), additonal posts at Daytona Beach News Journal and wftv.com.(10-8-2009)

Mayfield sued by stepmother: Lisa Mayfield is seeking damages against her stepson, suspended Sprint Cup driver Jeremy Mayfield, for public comments he made in regard to his civil case against NASCAR, according to court documents. Lisa Mayfield is seeking compensatory damages in excess of $10,000, punitive damages in excess of $10,000 and any other "relief as the court may deem just and proper." The complaint was filed Wednesday in the Iredell County Civil court in Statesville.(read the full story at ESPN.com)(7-29-2009)

Mayfield vs. NASCAR Trial date - Sept 2010: Jeremy Mayfield's lawsuit against NASCAR has been set to be heard in a trial jury beginning on Sept. 13, 2010, according to court documents filed on Tuesday. The date was ordered by U.S. District Judge Graham Mullen. Mayfield was suspended by NASCAR on May 9 after testing positive for methamphetamines, a violation of the substance abuse policy. The suspension was lifted by Mullen in June, but reinstated by the 4th Circuit Court of Appeals last week. Mayfield contends he did not take methamphetamines and is seeking to be fully reinstated. He also is seeking damages. In its most recent filing seeking that the suspension be permanent as long as the case is pending, NASCAR said it has several witnesses willing to testify that Mayfield took methamphetamines. Attorneys already have filed an affidavit from Mayfield's stepmother saying Mayfield has taken amphetamines since 1998.(ESPN)(7-29-2009)

NASCAR says Mayfield lied to federal court: NASCAR accused Jeremy Mayfield of lying to a federal court about the chronology of a second random drug test, offering to provide an audio tape of the conversation in which Mayfield was told to submit a sample. The driver says the telephone call went to voicemail. The accusation came Monday in court filings that ask U.S. District Court Judge Graham Mullen to lift the July 1 injunction he granted Mayfield so he could return to racing. NASCAR disputed the sworn testimony Mayfield provided to U.S. District Court last week, including the assertion that a July 6 request for a second drug test went to his voicemail at 1:18 p.m. He said he didn't get the message until about 40 minutes later, making it difficult for him to meet the two-hour deadline to report for testing. NASCAR has asked Mullen to reverse the injunction based on new evidence - the failed July 6 test, and sworn testimony from Mayfield's estranged stepmother that she witnessed him using meth at least 30 times over the years.(see full AP story)
AND NASCAR filed court documents Monday stating that the sanctioning body has several witnesses to Jeremy Mayfield's alleged drug use, but that they are hesitant to come forward after Mayfield's comments about his stepmother.(more at SceneDaily)(7-28-2009)

Mayfield's hair may be tested: The back and forth between NASCAR and driver Jeremy Mayfield over drug allegations has gotten so bad that in Mayfield's latest statement he describes the humiliation of having to go to the bathroom while someone watched. So what could bring it all to an end? It turns out it could come down to a piece of hair. "It's like the bully in school," Jeremy Mayfield told NewsChannel 36 last week. "Every three to five days I go get tested." Who ends up in victory lane may come down to the difference between urinating in a cup and pulling a hair. "The drug that is incorporated into your hair -- it stays there. You get a record, basically, of drug use with the hair," said Dr. Ruth Winecker, the chief toxicologist for the North Carolina Medical Examiner's Office. She says there's no messing with hair. But no one has tested Mayfield's hair, just his urine samples. "There are techniques people can use to try to cheat the system," Winecker said. That's exactly what both sides have accused each other of doing. NASCAR says Mayfield diluted his urine even before testing positive for meth, and Mayfield says NASCAR did something to his urine. NewsChannel 36 asked Mayfield's attorney if they'll be testing his hair as the judge in the case suggested several weeks ago. Attorney John Buric told us they are looking at the possibility, but right now they have been told Mayfield's hair is too short.(NewsChannel 36)(7-23-2009)

Mayfield working on 'big' sponsor deal, seeking ride: Jeremy Mayfield, who says he's "80% there" on getting a major sponsorship deal that might enable him to once again drive in the Sprint Cup Series, isn't on the entry list for Sunday's Allstate 400 at the Brickyard. But that doesn't mean he won't be at Indianapolis Motor Speedway this weekend. Mayfield spoke by phone Tuesday morning, prior to meeting his legal team to discuss his ongoing court battle over NASCAR suspending him from competition as either an owner or a driver as of May 9, due to a positive result for methamphetamine in a random drug test taken May 1 at Richmond International Raceway. "I'd like to come to Indy just to come watch, and to try to get a ride," Mayfield said. "We're working on sponsorship deals as we speak and I'm telling you, if this works out, it's going to be big. And what's funny is, it could be big in all kinds of different ways, and all I needed was [NASCAR's] support, and to work with me on this. They could have had races sponsored and tracks sponsored and I could have been with one of their big teams with a big sponsor and I guess they don't want that, because I didn't need them to get it." NASCAR spokesman Ramsey Poston said that he is "unfamiliar with the possible sponsor opportunity" that Mayfield references. Yet, Mayfield's description of the company he's talking to was vivid. "Sounds like a union, doesn't it?" Mayfield said. "Imagine if they got involved, and they're behind me 200 percent right now. America's not about a dictatorship no more and it never was."(NASCAR.com)(7-23-2009)

Mayfield Attorneys: NASCAR hasn't proved case: UPDATE: Attorneys for Jeremy Mayfield filed papers on Monday arguing NASCAR has not shown sufficient reason that the court should overturn the decision to lift the Sprint Cup driver's suspension for violating the substance-abuse policy. The papers filed in U.S. District Court are a counter to NASCAR's request on Wednesday asking for an immediate stay of the injunction after Mayfield tested positive for methamphetamine for a second time. The counterclaim did not address the second test. Mayfield has since claimed the governing body spiked the July 6 test to get the desired results. His attorney, John Buric, released results of another test taken on the same day but performed by LabCorp, an independent laboratory not hired by NASCAR, that came up negative for methamphetamines and amphetamines. NASCAR officials argue that the LabCorp test should not be recognized because there is no evidence that the sample is legitimate or that proper procedure was used. Asked for specifics about the test, such as whether Mayfield was directly observed giving the sample, Bill Bonello of LabCorp said, "LabCorp does not comment on drug testing results."(see full story ESPN)(7-21-2009)
UPDATE: An independent drug test on Jeremy Mayfield was negative for methamphetamines, contradicting the results of a NASCAR test taken 40 minutes earlier, the driver claimed in court documents filed Tuesday. In response to NASCAR's claim that Mayfield again tested positive for methamphetamines on July 6, Mayfield submitted an affidavit to the U.S. District Court that said he traveled to Frye Regional Medical Center in Hickory, N.C., right after NASCAR collected a sample at his Catawba County home. In a room he described as "very sterile," Mayfield said he emptied his pockets, washed his hands and was ushered into a bathroom, where he provided another urine sample. Mayfield said in the court filing he received confirmation from Laboratory Corporation of America in Raleigh, N.C., that his sample was negative on July 10 - the same day NASCAR informed his counsel that its sample was positive. Dr. Harold Schueler of the Broward County (Fla.) Medical Examiner's Office, filed an affidavit on behalf of Mayfield that claimed the levels of methamphetamine in NASCAR's test are "astronomical" and "could not be remotely accurate, unless Mr. Mayfield was deceased or a chronic abuser." (Associated Press)(7-22-2009)

Mayfield speaks to reporters; NASCAR Spiked test? UPDATE - own test results: Going against the wishes of his attorney, embattled NASCAR Driver Jeremy Mayfield speaks for almost 20 minutes in a FOX Charlotte interview, Mayfield discusses his drug testing problems, his relationship with NASCAR and his plans going forward - including a film crew! See it at foxcharlotte.com.
AND WBTV Reporter Sarah Batista interviewed Mayfield at his home in Catawba County Thursday night. He accuses NASCAR of conspiring against him. "I've never done meth," Mayfield said. Mayfield says there's no doubt in his mind that NASCAR is trying to make an example out of him but he says he's not going down without a fight. NASCAR says Mayfield tested positive once again for methamphetamine on July 6th less than two months after he was suspended for a similar infraction. Mayfield told WBTV the results of this test were not accurate. He claims the results turned up positive because he took allergy medicine and Adderal for his Attention Deficit Disorder. "When you look at 15 tests since May 1st, and two have tested positive, why are they all negative for meth except two?" Mayfield asked. He claims the only reason NASCAR won't let him have the backup samples retested is because they "doctored it up" and "spiked my urine." WBTV learned from a source on Thursday that Mayfield has sold his race shop and equipment located on Highway 49 in Harrisburg, NC.(see more and video at WBTV/CBS)(7-17-2009)
UPDATE: Lawyers for Mayfield released results of his own independent drug test, showing no sign of methamphetamine. Friday afternoon, Mayfield's lawyers revealed what they said is proof the driver does not use drugs. Attorney John Buric said the results show no detection of meth or amphetamines. The results, one sheet of paper from LabCorp, do not have Mayfield's name only a number. "This number is referred to in the sample data packet that will show that it is Mr. Mayfield's sample," Buric said. That data will not be available until next week.(wsoctv.com, see the PDF: Mayfield's Independent Drug Test Results from WSOC)(7-18-2009)
NASCAR Responds: NASCAR spokesman Ramsey Poston responded to Mayfield's test. "They seem to be light on details don't you think?" Poston told WCNC. "It's all pretty transparent. We will continue to let real science and sworn affidavits do our talking."(ESPN)(7-19-2009)

Mayfield talks on Sirius Late Shift [this is a long post]: On Wednesday's "Late Shift" on SIRIUS NASCAR Radio, hosts Nate Ryan and and Buddy Baker spoke with NASCAR driver Jeremy Mayfield. NASCAR filed a motion with a federal appeals court saying Mayfield tested positive for methamphetamine in a second round of drug tests and should have his suspension from the sport reinstated.
Host, Nate Ryan: "Your reaction to [the allegations]?"
Jeremy Mayfield: "Well, first of all I didn't think they were going to come back and say I was clean you know what I mean? Because that's just not, doesn't seem which way they want to work anymore. I had a test done before their test and I had a test done 30, 35 minutes after their test that got different results than what they're mentioning there. We'll hear more about that tomorrow, more detail on that. But it's just part of the deal that's going on. It's just a bad deal all the way around for everybody involved and stuff just keeps popping up, one thing after another. It'll all come out and at the end we'll all know. And I think a lot of you guys that I've known and seen the past for years know for sure without a shadow of doubt there's nothing wrong here, nothing going on. And they have a hard time admitting when they're wrong or done something wrong and we all know that, whether we admit it or not, we know that and it's just part of the battle, part of the things we're going to have to fight here."
Host, Buddy Baker: "There was also a report there that your stepmother had suggested that she had watched you use drugs. What in the world is going on there?"
Mayfield: "I'm not even going to call that lady my stepmom. That was a lady who was married to my dad who is very, very angry at me. And that's all going to come out too. It's a whole different subject. A lady who pretty much shot and killed my dad and that'll all, in the next few days you'll be hearing more about that. It's just another part of my life that's going on that I've had to get figured out. I had private investigators and everything on my dad's case when it all happened in '07. She's a very evil lady and obviously can be bought and her time's coming. And it's definitely somebody that doesn't like me whatsoever and doesn't deserve to even have the Mayfield last name. She's, like I said, very angry and obviously out to do whatever she's got to do and NASCAR jumps right on the bandwagon. And I guess when you get paid to say something you can say whatever you want to say. But, like I said, that's a whole different, separate thing that's going on in my life that you'll be hearing about more in the next couple of days with a wrongful death situation that she's involved in and trying everything she can to get back at me. And what do you say? I damn sure won't call her a stepmom, I tell you that. She never was."
Ryan: "Going back to what you were saying there about the testing, when NASCAR did its test a week ago, on Monday, you did a test at another facility? Are you saying those test results will show that you didn't test positive for methamphetamine?"
Mayfield: "Yeah, definitely. And I took it at two different facilities. One was at the Piedmont Urgent Care before their test and another one actually at an emergency room right after their test. And the one I took after their test was, I'm going to say 30, 35 minutes later just to let you know the timeline there. I promise you they'll show different results than what they show."
Baker: "What has this done to your life as far as just walking around? A lot of people know you and think highly of you but have you noticed a difference in just daily life since this came about?"
Mayfield: "Oh, definitely, Buddy. It's something that we're dealing with on a daily basis. Every day, all day long, this is what we deal with and have been since it happened. But I can tell you this: I'm not going to lay down. I'm going to stand up for what's right. That's the way I am and who I am. And they can try and throw every little tactical thing they can throw at me but I can promise you I'm not going down. I want the world to know that. And if I do anything at all hopefully it'll make their drug policy like it needs to be and it helps another driver or several drivers in the future. At least give them a fair shake and this won't happen again. And that's what bothers me more than anything, is how wrong, and the lie that you have to sit here and read every day on the internet and see how wrong this whole situation is. I haven't said anything for awhile. I've been real quiet, letting them do their own deal. Let Ramsey [Poston] run his mouth on a daily basis. And I just can't take it no more and I need to tell the truth. I need to let everybody know that what's right is right and what's wrong is wrong. And I find it hard for a guy in Brian France's position to sit here and tell the world how great and how strong their drug policy is and basically, you look at the World Anti-Doping Association - I said this last week in an interview - you go ask anybody in any kind of sporting series in the world what kind of policy we have and it's the worst out there. And I have a hard time when Brian wants to sit there and tell all the race fans out there how strong and how great their policy is when in fact it's not. And I just don't believe in things like that and it's time to tell it. It's time for the world to know that kind of stuff."
Ryan: "Another contention from NASCAR is that you attempted to dilute this drug test and that was the reason for the delay, that you had attempted to dilute it by ingesting large quantities of water. Would you care to respond to that?"
Mayfield: "Yeah, I'd love to respond to it. The day after this happened, day one, we started shooting a documentary on all this, some buddies of mine and friends of mine in the past that I worked with, they're in the movie business kinda, out in L.A. And we started shooting a documentary of our lives every day since then. And Buddy asked the question: How'd this change your life? We're going to show on TV, and the world's going to know how it's changed our life because they've been with us every day, 24/7. And that day there they were with us and watched. They met the NASCAR security and, I guess, the collectors at my front porch. Nobody held them off for 10 minutes. Nobody had done any of that stuff. Nobody was running and hiding. I waited here at my house for an hour and a half and it's documented on tape, live, waiting for them to get here. And they say, 'Well, you ran from this, ran from that.' They give me 18 minutes. My attorney told me - I had a meeting on Monday - I had 18 minutes to get to the lab of their choice, whatever it was, to go take my test. Well, there's no way I could make it in 18 minutes. And I got mad about it. I was like, 'There's no way I can make it there.' So we went and got our own test right before just to show the world I was not trying to hide anything. So we've got all this documented and it's all going to come out and the truth will be known."
Ryan: "What can you tell us about your NASCAR career at this point? Do you have any designs on even racing in NASCAR right now or is it more just about trying to prove your point here and not really worrying about continuing your career?"
Mayfield: "I'm not worried about continuing my career because, you know, we all know what happens when you buck the system and you go back and try to race again. It's not going to work out for me for whatever reason that we all know. My deal now is I can't afford to sit there and pay employees and pay people to work on race cars when we don't have the money to do that. And we're putting all of our resources, everything we got now, into fighting this to the end. And that's what we intend to do and [are] going to do. And I just can't keep people on the payroll for no reason, you know?"
Ryan: "What's the next step from here? Where do you expect this case to go and does this mean we aren't going to see you at the racetrack again anytime soon?"
Mayfield: "I doubt you will. The case, like I said, I'm fighting it to the end, whatever I've got to do. It's just like if somebody accuses you. They say, 'Hey, man, you're going to jail.' For what reason they don't tell you. They send you to jail and you've got to explain later how you're going to get out, this, that and the other. You're not going to do that. You're not going to take the fall for somebody else. You're going to stand up and be a man about it and fight for what's right and that's what I gotta do."
Baker: "Like you said, right or wrong, we'll know the truth here pretty soon."
Mayfield: "Right, that's the whole deal right there. And, like I said, we've had a camera crew with us 24/7 that's going to be [unintelligible] every bit of this and we'll all see it. And one other thing as I sit here and think about this: You know, Brian France out there talking about effective drug policy, it's kind of like Al Capone talking about effective law enforcement. And that's the way I feel about it. The pot shouldn't be calling the kettle black, you know what I'm saying? And I think the world needs to hear that, too."
Ryan: "NASCAR has said they have not tested the B sample yet from what they collected from you. Was your test observed, the one you conducted at an independent laboratory? Was that observed by someone and was there a B sample for that?"
Mayfield: "Yes, there is a B sample and, yes, it was at a professional lab. When you go take these drug tests and everybody that's had one - and by the way I'm getting them, I've been getting them since this happened about every three or four days I go get a drug test. I'll say in the next couple weeks I'll probably have up to 15 or 16 different tests that show clean and the only two that show positive are the ones that come from [Dr.] David Black down at his lab. And the B sample, their deal with the B sample was we told them what lab to send it to, send our B sample, since that belongs to me supposedly, send it to a credible lab. We told them what lab to send it to. They didn't want to send it to that lab. They wanted to send it to the lab they wanted to send it to. Well, if it's my sample why can't it be my choice? There again, policy-wise, that's the way it is in all sports. You send it - the B sample belongs to the donor - you send it to the lab you want it sent it to. And [for] some reason they're not doing that. They can sit there and say what they want to and make up all the excuses they want to. That's the truth. They did not want to send it to the lab we wanted it sent to."
Ryan: "Do you feel as if you've been targeted here? Do you feel as if NASCAR is singling you out and, if so, what would be the motive for that?"
Mayfield: "I feel like I was definitely targeted and definitely was going to be, they thought, a good example for their drug policy. I'd go away for thirty days or whatever and come back, got my own team, and drive again. But nobody, like I said, nobody in their right mind would do that and that's when you got to stand for something or you'll fall for anything, you know? And the deal with me, they got me and I was a good example for their policy. Remember policy, that Brian talks about all the time? If they got me then none of their stars would ever have to go down for a positive drug test, which Brian said the other day they have all the time, positive drug tests. There again, if it's a zero policy, zero tolerance on their policy, then how do you have a bunch of positive drug tests? Why was mine the only one positive that was going to have to be used for an example?"
(SIRIUS XM NASCAR Radio)(7-16-2009)

Mayfield defends himself; suing stepmother: Jeremy Mayfield didn't spare his stepmother or NASCAR in defending himself against Wednesday's report that he has again tested positive for methamphetamines. NASCAR filed court papers on Wednesday saying that his most recent drug test came back positive and including an affidavit from Mayfield's stepmother Lisa who claims to have seen the racer using drugs on numerous occasions. Mayfield said he does not trust NASCAR testing and saved his strongest words for his stepmother. "She's basically a whore," he told ESPN.com's David Newton. "She shot and killed my dad." Mayfield's father Terry died in 2007 at age 56, and Mayfield told ESPN.com that his stepmother will be served with a wrongful death suit on Thursday. "She knows what we've got on her," Mayfield said. "For her to come out and do this is pretty ballsy. Everybody that's ever know me knows I never, ever have been around her for more than 10 hours of my life. She's a gold digger. I knew that from Day 1." Although he said he has no proof, Mayfield claimed that NASCAR paid Lisa Mayfield for her affidavit. "It wouldn't take much money. She tried to get money from me," Mayfield said. "I have a very short fuse when it comes to her." Mayfield said he has been tested for drugs every two to five days by an independent lab and never tested positive. He said it was no coincidence that the tests by NASCAR's lab resulted in his suspension and now another positive test. In blasting NASCAR, he went straight for the top, chairman Brian France.(more at ESPN.com)(7-16-2009)

NASCAR: Mayfield again tests positive for meth: NASCAR says Jeremy Mayfield has again tested positive for methamphetamine and wants the federal judge who lifted the driver's drug suspension to reinstate the ban. The positive result from a July 6 random test was included in a U.S. District Court filing Wednesday. The filing includes an affidavit from Mayfield's stepmother, who claims she personally witnessed the driver using methamphetamine at least 30 times over seven years. NASCAR says in its filings that the "A" sample had levels of methamphetamine consistent with habitual users who consume high doses. The filing also claims Mayfield and his attorneys have failed to select a qualified laboratory to test the backup "B" sample.(Associated Press)
AND The general manager of Jeremy Mayfield's race team says he has left the organization because he doesn't believe Mayfield Motorsports will return to the race track. Bobby Wooten says he was the last remaining employee. The team was started this season, and Mayfield said in court documents he had to lay off 10 employees since NASCAR suspended him in May for failing a random drug test. A federal judge has lifted that suspension, but Mayfield did not bring the #41 Toyota to the track in the two races since he was reinstated. Wooten says he does not believe Mayfield has any interest in resurrecting the team.(Associated Press)(7-15-2009)

Mayfield's latest drug test still being analyzed UPDATE: NASCAR was still analyzing Jeremy Mayfield's latest drug test Friday, four days after demanding the driver submit to a random test. "The process continues," NASCAR spokesman Ramsey Poston said, declining further comment. Dr. David Black, the program administrator, said Wednesday the test processed by Aegis Sciences Corp. would be completed by Friday at the latest. His Nashville, Tenn.-based lab typically needs four days to analyze a sample. "I just don't think there's anything to report right now. I did not come to work (Friday) expecting we'd get the results," Mayfield attorney John Buric said. "But then again, I'm a lawyer, and I can wait a year for a ruling. So I am never too surprised when things take time. I wouldn't read too much into it, honestly."(Associated Press)(7-11-2009)
UPDATE: NASCAR has not issued the results of the drug test administered to Jeremy Mayfield on July 6. NASCAR ordered Mayfield to be tested again July 6. Mayfield submitted to the test and also went to two independent labs July 6 to give urine samples. "The process continues," was all NASCAR spokesman Ramsey Poston would say about the test results Monday morning. Mayfield attorney John Buric did not immediately respond to a voice mail Monday asking about the test results. Poston said Monday that once the process is over, the sanctioning body likely would say whether the results of the test were positive or negative. NASCAR typically does not announce the results of negative tests, but it also typically is not public knowledge who is being tested. NASCAR also doesn't typically comment on positive tests until the B sample is verified. Dr. David Black, whose Aegis Laboratories conducts the NASCAR drug-testing program, said last week that he had hoped to have the results analyzed by last Friday but it could take longer depending on what the initial results showed. If Mayfield's initial sample showed that it was positive, Black said he would have to ask the court what to do with the B sample because part of Mayfield's lawsuit centers around whether Aegis or an independent laboratory should analyze the B sample. There were no filings in either U.S. District Court nor the U.S. Court of Appeals (where NASCAR is asking for the injunction to be overturned) about the test as of Monday morning.(SceneDaily)(7-14-2009)

Mayfield defends himself in interview; considering selling team: UPDATE: Suspended Sprint Cup driver Jeremy Mayfield has broken his silence, vehemently denying allegations of drug use and adamantly defending himself from recent NASCAR claims in an exclusive interview with ESPN. "Every time there's an action [by NASCAR], there's going to be a reaction. From here on out," Mayfield said in a phone interview Wednesday from his home in Statesville, N.C. "I try to be nice. I try to be respectful to them. I try to do everything right. But I'm not getting drug through the mud no more." Mayfield repeated his stance that he never took methamphetamine. He also said he no longer consumes alcohol, largely due to the fact, he said, his father was a "bad alcoholic." Asked if he had ever taken illegal drugs, Mayfield responded, "What are you calling illegal? I've drank beer. I don't drink beer at all anymore. I don't drink. Don't do anything." He said he feels as though NASCAR is attempting to make an example of him. "I feel like that's exactly what they thought I was going to be. Exactly. To a 'T,'" Mayfield said. "Now, all the sudden, Brian's [France, NASCAR Chairman] coming back saying, 'Well, we have positive tests all the time.' Well, if it's a zero-tolerance policy, how in the hell do you have people testing positive all the time? "Then he comes back and says there's a list. I forget what big word he used -- an exhaustive list of drugs. Everybody in the world has asked him why the drivers don't have a list. What did he say? Now there's a list -- an exhaustive list. Right? Where's it at?" Mayfield broke his silence in response to accusations by NASCAR on Wednesday that he had purposely delayed taking a drug test by more than seven hours on Monday. The comments infuriated Mayfield, who said he was sent on a "wild goose chase," and was given just 18 minutes to get to a NASCAR-appointed lab to undergo testing. "I wasn't running or hiding from anybody, because I don't have to," he said.(ESPN.com)(7-9-2009)
UPDATE: Unable to find funding since his suspension for failing a random drug test, Jeremy Mayfield is considering selling his race team. Shana Mayfield said Thursday she and her husband are considering selling their remaining inventory because they don't have the cash to field a race team. Mayfield transferred ownership of the #41 Toyota to his wife following his May 9 suspension. "We are looking at all options at this point, since we cannot get sponsorship," Shana Mayfield said.(Associated Press), for Mayfield's timeline of events, NASCAR's decision to appeal, and all the previous information on the Mayfield issue, see the NASCAR Substance Abuse News page.(7-10-2009)

Mayfield not going to Chicago: Reinstated NASCAR driver/owner Jeremy Mayfield will not race this weekend at Chicagoland Speedway as part of an oral agreement with the U.S. Court of Appeals, Mayfield lawyer John Buric said Thursday morning. Mayfield obtained an injunction July 1 from U.S. District Court in Charlotte to lift a suspension for a failed drug test that NASCAR says was positive for methamphetamines. NASCAR asked the appeals court in Richmond, Va., Wednesday to immediately lift the injunction so it can suspend Mayfield until there is a hearing on the appeal. Buric said that since Mayfield hadn’t found sponsorship to race this week, he agreed to not go to Chicagoland – where practice starts this afternoon for the race Saturday – so he can have more time to respond to NASCAR’s request to have the injunction lifted. If he was still entertaining thoughts of going to Chicagoland, Mayfield would have had to respond to NASCAR’s motion by today. Now he has until next Wednesday. “He couldn’t get the sponsorships anyway to race,” Buric said. “We agreed with NASCAR and reported to the court that he would not be racing this weekend, taking away the urgency of their motion, so we could properly brief it. … If you listen to the folks in the garages and you listen to the owners and you listen to the other drivers, he is a pariah at this point, and nobody is touching him right now. “It made our decision simple to report to the court that there is no urgency, you don’t need to decide this by today, give us the standard seven days to respond.”(SceneDaily)(7-9-2009)

NASCAR appeals judge's decision on Mayfield: UPDATE 2: NASCAR has asked a federal judge to reverse his ruling and keep driver Jeremy Mayfield off the track. NASCAR filed the motion asking U.S. District Court Judge Graham Mullen to reinstate Mayfield's ban. The latest twist comes after Mullen's decision last week to grant an injunction clearing him to compete. Mullen said the chance of a false positive on his drug test was "quite substantial." NASCAR disputes Mullen's conclusion, and says Mayfield poses a threat to public safety. NASCAR also filed a notice saying it plans to bring the case before a federal appeals court.(Associated Press)(7-6-2009)
UPDATE: NASCAR on Wednesday asked an appeals court to ban Jeremy Mayfield from racing, alleging the participation of "a proven methamphetamine user" could lead to fatal consequences for other competitors and fans. NASCAR asked the 4th U.S. Circuit Court of Appeals to overturn last week's injunction that lifted Mayfield's indefinite suspension for a failing a random drug test. In the filing, NASCAR argues U.S. District Court Judge Graham Mullen relied on incorrect information when he lifted the suspension. If allowed on the track, NASCAR believes Mayfield poses a dangerous threat.(Associated Press)(7-8-2009)
UPDATE 2: Mayfield attorney John Buric scoffed at the idea Mayfield is a potential danger and revealed the driver was tested twice Monday - once at an independent laboratory and once at his home by NASCAR. "He's not a danger, and they have the right to test him anytime to find that out," Buric said. "In fact, they did test him on Monday night at his home. A group of people went to his home and watched him pee in a cup. It was humiliating." NASCAR's appeal did not mention the most recent random test, but spokesman Ramsey Poston confirmed Mayfield was tested Monday evening. But Buric and NASCAR differed on what exactly happened during the seven-plus hours after Mayfield was asked to report for testing. Buric and NASCAR differed on what exactly happened during the seven-plus hours between the time Mayfield was asked to report for testing and when NASCAR collected a sample - a lag time the program administrator called "a classic case of delay tactics used by someone who doesn't want to be tested. The standard procedure for this type of testing is notification to an individual and no more than a 2-hour time lapse before the sample is collected," said Dr. David Black, CEO of Aegis Sciences Corp., which runs NASCAR's program. "When an individual has more than two hours, they have an opportunity to engage in behavior that can mask a sample. When you are dealing with a seven-hour lag, there is a great opportunity for mischief." NASCAR said Mayfield was notified by an Aegis representative at 1:18 p.m. Monday to report to a nearby testing center within two hours, but the driver said he had to first speak to his attorney. After a delay, Buric told NASCAR that Mayfield couldn't get to the center by 3:18 p.m., so NASCAR said it found a lab closer to his location. At 3:45 p.m., Mayfield called the lab to say he was close but lost, and a receptionist offered to talk him the rest of the way, Poston said. NASCAR said Mayfield told the lab he would call right back but no one was contacted until 5:30 p.m., when Buric called NASCAR to inform them Mayfield could not find the location so the lawyer had sent him to an independent laboratory. Two testers and a NASCAR security officer arrived at Mayfield's home in Catawba County, N.C., at 7:20 p.m., could not gain access for 10 minutes, and then weren't able to persuade Mayfield to give a sample until 8:20 p.m. Even though Mayfield has been cleared to race, Buric said he doubted the driver will be in Chicago for this weekend's event. Mayfield has until Thursday afternoon to enter his Mayfield Motorsports' car or find another team owner willing to hire him for the event. "As of right now, he does not have any sponsors, he does not have anyone asking him to drive," Buric said. "His career is all but ruined unless someone gives him a chance. But people are treating him like a pariah. We thought the injunction was an important factor in getting him back on track. As it appears to be turning out, having accomplished that doesn't at all get him what he really wants: getting back in a car going around the track."(Associated Press)(7-8-2009)

France defends NASCAR's drug policy: Brian France says NASCAR's drug-testing policy is a fair system that protects its competitors and fans from the dangers of an impaired driver on the race track. The NASCAR chairman says the drug policy is still the best in professional sports, despite a federal judge's decision to reinstate driver Jeremy Mayfield. France says in the interest of safety, NASCAR should be able to suspend a driver who has a positive drug test result.(Associated Press)(7-3-2009)

NASCAR plans no immediate changes to drug policy: NASCAR does not plan any immediate changes to its substance-abuse policy in light of Jeremy Mayfield's victory in obtaining a preliminary injunction forcing NASCAR to lift his suspension for an alleged positive drug test for methamphetamines, NASCAR spokesman Ramsey Poston said Thursday. Part of Mayfield's case questions the guidelines that NASCAR must follow in its drug-testing policy. Mayfield argues that NASCAR must follow the guidelines for federal agencies; NASCAR contends that it does not have to do so. NASCAR will continue with its random drug-testing policy, which it implemented this year, during this weekend's events at Daytona International Speedway just as it has done all year, Poston said. Poston said he is not aware of any challenges from any crew members suspended this year under the policy, and he did not think the ruling would prompt challenges.(SceneDaily)(7-3-2009)

NASCAR changes drug testing process: #9-Kasey Kahne says NASCAR has stepped up its drug testing procedure since the suspension of Jeremy Mayfield. Kahne said the tests he took prior to the suspension were "in and out" in five to 10 minutes. He said his most recent test two weeks ago at Infineon Raceway took nearly 40 minutes. "It's a process now," Kahne said on Thursday at Daytona. "Every little step you have to sign your name or initial, work with the person that is taking the sample. To me that's because of the whole Mayfield incident, to clarify everything and make sure the driver and also the person taking the sample is on the same page." NASCAR's procedure was under attack when attorneys were seeking a temporary injunction to get Mayfield's suspension lifted, which it was on Wednesday by a federal judge in Charlotte, N.C. Attorneys for Mayfield questioned whether Mayfield saw the seal put on his "A" and "B" samples. Kahne said he always has watched the collector put on the seal, but that the process wasn't so detailed before. #42-Juan Pablo Montoya, who was tested at Dover in early June, said there is a lot more paperwork now. "I did it at Daytona [in February] and it was a little easier," he said. "[At Dover] it was like proof of who you are. I'm like, 'I'm a freaking racer.' " Three-time defending Cup champion #48-Jimmie Johnson has not been tested since Mayfield's suspension, but said he's had to wait on other drivers who were and it's taken longer. He noted at Sonoma Kahne held up things because he had to go get his driver's license, something that he didn't understand to be required previously.(ESPN.com)(7-3-2009)

NASCAR questions Mayfield's urgency to get back to track: NASCAR spokesman Ramsey Poston said Jeremy Mayfield's absence from the track Friday called into question the argument his attorneys used in requesting a preliminary injunction on NASCAR's drug suspension. Here's what Poston said: "Jeremy and his legal team asked for a preliminary injunction for emergency relief because it was necessary apparently to come and compete here in Daytona. Apparently he’s not here and it appears as if he’s not going to compete this weekend which would raise some questions on how much of an emergency it really was."(Orlando Sentinel)(7-3-2009)

Ramsey Poston speaks about Mayfield ruling: Today on "The Morning Drive" on SIRIUS NASCAR Radio, hosts Mike Bagley and Nate Ryan spoke with NASCAR managing director of corporate communications Ramsey Poston about the temporary injunction issued yesterday by a judge that lifted driver Jeremy Mayfield's drug suspension.
Bagley: "What are the next steps for NASCAR?"
Poston: "We've got a couple of options to consider. At this point it is to, with regards to the lawsuit, is to begin to go into the discovery phase, begin to get testimony and affidavits and a witness list."
Bagley: "Does yesterday's temporary injunction affect the current policy or procedure in place or does it even raise a discussion that there perhaps at some point needs to be a change to the policy and the procedure?"
Poston: "In the short term we'll continue to implement our policy as is because, again, this was a temporary injunction to allow him back onto the track. It was not any sort of indictment in terms of the policy. But anytime you go through any sort of challenge on any policy, you tend to learn more about it and I suspect once we get past this process and the dust settles, we'll look back and say, 'OK, where can we strengthen the policy? What can we do?' I will say this: if this stands and if this is not reversed, this becomes a much larger question for all of sports and all of substance abuse testing. This now means that any athlete in any sport, regardless of what contracts they've signed, can now take that to court and be allowed back onto the playing surface."
Host, Nate Ryan: "Ramsey, are you guys going to appeal the decision?"
Poston: "That is one of the options that we're considering. We have not made a decision on that yet."
Ryan: "When do you have to make that decision by?"
Poston: "We have some time to make it, so there's no definitive deadline on when it has to be made."
(Sirius NASCAR Radio PR)(7-2-2009)

Mayfield's attorney speaks: Wednesday on "Sirius Speedway" on SIRIUS NASCAR Radio, host Dave Moody spoke with Bill Diehl, the attorney for driver Jeremy Mayfield.
Host, Dave Moody: "In your view, what was the key to this decision going your way?"
Bill Diehl: "Probably NASCAR's over the top confidence about how right they were and how wrong Jeremy was. You know, they were wrong about it from the get-go and we stayed with our position throughout the argument and throughout the time that we've been suspended and we just carried the day as far as the judge is concerned that Jeremy had been treated wrong and to right the wrong meant giving him back his position in NASCAR and suspending the suspension."
Moody: "How soon will he be back? Will we see Mayfield Motorsports at Daytona trying to qualify this weekend and, if so, will Jeremy be the driver?"
Diehl: "I think that's probably problematic to be perfectly honest. I think it's real difficult for him to get ready starting tonight and then race Saturday. He normally would have three days with a Sunday race and instead he only has two with a Saturday night race and I think it will be quite difficult. He hasn't made up his mind as far as a final decision is concerned but I think it realistic to expect that he'd be returning next week rather than this week."
Moody: "There have been conflicting reports since the ruling was announced earlier this afternoon about whether or not NASCAR would appeal this decision. What's your expectation? Do you have any at this point?"
Diehl: "I really don't. You know, they would do well to put this behind them, put this whole issue behind them, and go forward. It's what I hope. But, again, they're proud people and they don't lose very often and they've lost something that they may decide to try to carry on the case even longer and fight harder and that might be their position. I can't tell you today, for certain, that there'll be any contact. The judge himself urged the parties to try to talk to each other. We're certainly willing. We've never been haughty about this. We've never been over the top and I don't think we've been pushy. We've said, 'We have rights. We think they ought to be vindicated. We think you ought to listen.' So far they've been real hard to deal with. Maybe their position will change. I can't predict that."
(Sirius NASCAR Radio PR)(7-2-2009)

Mayfield wins injunction: UPDATE 2: Independence Day came a few days early for suspended Sprint Cup driver Jeremy Mayfield, as a federal judge granted him a temporary injunction allowing him to race this weekend. The ruling, made Wednesday in U.S. District Court in Charlotte by senior Judge Graham Mullen, lifted his suspension for failing NASCAR's substance abuse policy and allows him to return as the driver/owner of his #41 team in time for Saturday night's race at Daytona International Speedway. Mullen said in granting the injunction that the irreparable harm appeared to be greater for Mayfield than NASCAR.(ESPN.com)(7-1-2009)
UPDATE: NASCAR chairman Brian France said the organization has no immediate plans to file an appeal, but he didn't rule it out. "We are disappointed, but we respect the judge's ruling," NASCAR spokesman Ramsey Poston said in a statement. "This is only a temporary injunction. The legal case continues beyond this point, and we will continue to make our case." (Associated Press)(7-1-2009)
UPDATE 2: ESPN's David Newton reported on Wednesday's NASCAR Now that Mayfield probably does not have time to get his #41 team down to Daytona for this week's race, but that he could be in the #64 for Larry Gunselman.(7-1-2009)

NASCAR: Mayfield positive for meth: NASCAR has confirmed suspended driver Jeremy Mayfield tested positive for methamphetamines. The confirmation from NASCAR spokesman Ramsey Poston came Wednesday after Mayfield's attorney mentioned the illegal substance several times during a 45-minute argument against the suspension. Mayfield has denied using methamphetamines. He's in federal court in Charlotte, N.C., trying to have his suspension lifted in time to race this weekend at Daytona International Speedway. Mayfield lawyer Bill Diehl argued that NASCAR's testing system is flawed because Mayfield was never given the opportunity to have his backup "B" sample tested by an independent laboratory. The court recessed after Diehl's argument and will reconvene at 2pm/et.(Associated Press/ESPN)(7-1-2009)

Latest on Mayfield, 2nd test by independent lab: Testing performed by an independent laboratory supported the results that left Sprint Cup driver Jeremy Mayfield indefinitely suspended for failing NASCAR's substance abuse policy, court documents said. Results of the test and the name of the individual tested were blacked out, but a NASCAR spokesman confirmed they were identical. The documents, part of NASCAR's response to Mayfield's lawsuit to have his indefinite suspension lifted, show that Medtox Laboratories in Minnesota tested both his "A" and backup "B" samples last week and "confirmed the presence" of a substance that is blacked out in the filing. NASCAR claims Mayfield tested positive for a "dangerous, illegal, banned substance" and should not be allowed back on the track. It was revealed in open court two weeks ago that the drug was amphetamines. ESPN the Magazine's Ryan McGee, citing multiple sources, said it was methamphetamines. Mayfield's attorneys claim that NASCAR's drug testing program does not meet federal workplace guidelines. They argue that Mayfield did not give permission for the "B" sample to be tested after the "A" sample came back positive and that the "B" sample should have been tested at an independent laboratory. They said since proper procedure was not used and because the "B" sample was compromised when opened, thus not giving Mayfield the opportunity to send it to a second lab, that the entire test should be invalid. Both samples originally were tested by Aegis Laboratory, the Nashville Tenn.-based facility NASCAR employs to run its testing program. The most recent test was conducted at MedTox Laboratories in St. Paul, Minn. All the evidence will be dealt with at a Wednesday [July 1st] hearing in U.S. District Court, where Mayfield is seeking a temporary restraining order that would allow him back in the car, possibly as early as Saturday night's race at Daytona International Speedway.(see full story at ESPN.com)(6-30-2009)

Mayfield denies taking drugs: Suspended NASCAR driver Jeremy Mayfield denies ever taking methamphetamines and says he doesn't know how he failed a random drug test. Mayfield's denial is found in an affidavit that is among several hundred pages of documents filed Thursday by his attorneys in U.S. District Court. The driver was suspended indefinitely by NASCAR on May 9 for failing a random drug test conducted eight days earlier at Richmond International Raceway. He is suing NASCAR for immediate reinstatement, and his next court date is July 1. NASCAR is countersuing and alleges Mayfield breached his contract and defrauded NASCAR and its competitors of earnings.(Associated Press)(6-26-2009)

Source: drug named that triggered positive test of Mayfield UPDATE: Jeremy Mayfield tested positive for methamphetamine during a random drug screening May 1 at Richmond International Raceway, ESPN The Magazine has learned from two independent sources. In court documents filed in the past two weeks (Mayfield sought a temporary restraining in order to return to the track; NASCAR countersued), it was revealed that Mayfield had admitted ingesting a double dosage of Claritin-D [note: which contains pseudoephedrine which is used in the illicit manufacture of methamphetamine], an allergy medication, and the prescription drug Adderall XR immediately prior to the Richmond drug test conducted for NASCAR.(full story at ESPN the Magazine)(6-9-2009)
UPDATE: Suspended for failing a drug test, driver Jeremy Mayfield said he "inhaled fumes from a fiery wreck in the Talledega race," according to more court papers filed in the battle between Mayfield and NASCAR. Mayfield was indefinitely suspended May 9 for failing a random drug test conducted May 1 at Richmond International Raceway. He filed suit to overturn his suspension on May 29. In legal papers obtained Monday, a response by NASCAR drug testing firm Aegis Labs said a doctor asked Mayfield if he had taken any diet medications or inhalers, specifically, Vick’s Inhaler. Mayfield said he had not, the papers say. Doctors said in the documents that they agreed with Mayfield's account from an earlier suit that in a subsequent phone call Mayfield said "he was in a fiery wreck while competing in the Talledega race in late April .... and inhaled a large amount of fumes." The Talledega race was in late April, prior to Richmond.(Charlotte Observer)(6-10-2009)

NASCAR countersues Mayfield: NASCAR filed a countersuit against Jeremy Mayfield on Friday, accusing the suspended Sprint Cup driver of willfully violating the substance abuse policy, breach of contract and defrauding competitors of earnings. The suit stated that Mayfield knowingly participated in sanctioned competition using a combination of drugs in violation of the substance abuse policy that he agreed to follow. "And in doing so violated his contract with NASCAR and the standards of care for other drivers," NASCAR spokesman Ramsey Poston said from Pocono Raceway. Mayfield was suspended on May 9 for violating NASCAR's substance abuse policy after failing a random drug test taken a week earlier. He then hired Charlotte, N.C.-based attorney Bill Diehl and made charges against the governing body ranging from defamation of character to discrimination against someone with a disability (Attention Deficit Hyperactivity Disorder). Mayfield's attorneys argued in an open court hearing, in which they sought a temporary restraining order to get the driver back on the track, that Mayfield's positive test was the result of taking Adderall prescribed for ADHD and Claritin-D for allergies. NASCAR revealed in court that Mayfield tested positive for three drugs, two of which were explained (Adderall and Claritin-D) and amphetamines. Attorney Paul Hendrick described the drug as a dangerous, illegal, banned substance. "You will see in [the lawsuit] he competed in a number of races that had we known he had been on a medication he was on and certainly known there were illegal substances involved we wouldn't have allowed him to compete," Poston said. According to Poston, drivers are required in their contract with NASCAR to notify Dr. David Black, who runs the drug testing program at AEGIS Lab in Tennessee, of any prescription drugs they are taking. The suit alleged that Mayfield did not notify anybody with NASCAR that he was on a prescription drug until the May 1 drug test, and that Mayfield already had participated in two races while on the drug. The suit said that Mayfield crashed in three of the five races in which he competed this season, including races in which he was under the influence of the drug he failed to report to NASCAR, a combination of drugs and the illegal drug that was blacked out in the suit. The suit also said Mayfield earned more than $150,000 in those races that would have gone to other competitors. Poston pointed to the loss of income by other competitors when asked if NASCAR sought financial damages in the suit. Poston would not comment about Adderall or amphetamines. North Carolina Superior Judge Forrest Bridges placed a gag order on both sides from discussing details of the substances last Friday. Poston also would not say whether Adderall is considered a banned substance on NASCAR's list. But in the countersuit there are two paragraphs, one referring to an illegal drug that is blacked out and another to a drug that also is on the banned list. "NASCAR's Substance Abuse Policy prohibits excessive levels of [blacked out]," the suit said. "[Blacked out] use suppresses fatigue, increases alertness, enhances psychomotor performance, and produces euphoria. Mild [blacked out] produces insomnia, increased blood pressure and pulse rate, excitation, hyperactive reflexes, and palpitations. More serious side effects include paranoia, aggressive behavior and psychosis.'' The policy also states that "to the extent that the use of any substance, including properly prescribed prescription drugs and properly over-the-counter medicines, causes a competitor or official to have a competitive advantage or diminished or impaired ability to perform his or her duties on the day of an event, those substances shall be deemed to be prohibited substances for the purposes of this policy." The suit states that Mayfield signed an agreement to abide by the sanctioning body's policy on February 5. "Mayfield's willful misconduct at the track in which he competed while an illegal substance was still in his system is evidence he presented a danger to himself and others," Poston said.
John Buric, one of Mayfield's attorneys, was surprised by the countersuit. "The gloves are off and we're going to be in a fight,'' he said. Buric contended that Mayfield wasn't required to notify NASCAR he was on any drug because the policy does not identify what drugs are banned. "If they are trying to contend that Adderall is somehow an illegal drug that violates the policy, that is their argument,'' he said. "They seem to be arguing we did not report that to anybody, although we did.'' No date has been set on the next hearing. It will be at least two weeks after NASCAR had Wednesday's hearing moved from state to federal court because the federal judge is on vacation. Mayfield's attorneys had hoped to have a temporary restraining order granted on Wednesday that would lift the suspension and allow the driver to compete this weekend at Pocono. "It's sort of like when somebody files bankruptcy,'' Diehl said earlier in the week. "It doesn't matter if I am OK with it or not, they did it.'' Mayfield initially filed for the restraining order last Friday. But since it already was too late for him to compete at Dover, Judge Bridges scheduled another hearing for Wednesday to give NASCAR attorneys more time to prepare. Hendrick said his firm was not notified of the initial hearing until about 5 p.m. the day before.(ESPN.com)(6-5-2009)

NASCAR moves Mayfield case to federal court: NASCAR on Tuesday moved Jeremy Mayfield's challenge of his indefinite suspension to federal court, a move that could keep the driver out of his car another week. The notification came a day before a North Carolina Superior Court was scheduled to hear arguments pertaining to Mayfield's suspension for failing a random drug test. NASCAR's action automatically stayed that proceeding. Mayfield had hoped a judge would reinstate him in time to compete this weekend at Pocono Raceway in Pennsylvania. His attorneys will now have to either fight the suspension in federal court, or petition the case be moved back to the state level. "Administration of NASCAR's substance abuse policy extends to every state in which it races, which is why the logical forum is federal court," NASCAR spokesman Ramsey Poston said. NASCAR has not revealed what substance Mayfield tested positive for, but his attorneys said in court he tested positive for amphetamines. Bridges warned both sides not to discuss Mayfield's test results.(Associated Press)(6-2-2009)

No Mayfield car at Dover? UPDATE 2 drug named: The J.J. Yeley site has this posted: "Mayfield Motorsports will not be taking the #41 Toyota to the Dover 400 this weekend. No reason was given at this time.". Yeley drove the car in the Sprint Showdown and attemopted to make the Coca Cola 600 but didn't. Yeley replaced Jeremy Mayfield in the #41 after Darlington when Mayfield was suspended for violating NASCAR's sunstance abuse policy. The entry list still shows the #41 entered.
AND Racingforthewin.com - Reliable sources says Mayfield Motorsports reportedly sent all their employees home on Tuesday, and told employees they will not compete at the Autism Speaks 400 at Dover International Speedway.
AND 2: was told earlier in the week by the team that the #41 would be at Dover and future races.(5-28-2009)
UPDATE: A judge on Friday denied Jeremy Mayfield's request for a temporary restraining order that would have lifted the NASCAR driver's suspension and enabled him to get back in his #41 Sprint Cup car. Judge Forrest Bridges scheduled a hearing in Mecklenburg County Court for Wednesday to determine whether Mayfield, who was suspended May 9 for violating NASCAR's substance abuse policy, can compete at Pocono next weekend and until his case is settled. Bridges issued a gag order preventing attorneys for Mayfield and NASCAR from discussing what drug Mayfield tested positive for, which according to arguments by both sides in open court was amphetamines. "It's like the rain delay on Sunday in Charlotte [the Coca-Cola 600 at Lowe's Motor Speedway], except this one goes to next week," said Bill Diehl, an attorney for Mayfield. Asked what was gained by Friday's hearing, Diehl said, "We know what their case is and they know what our case is about." Mayfield and Diehl filed a lawsuit on Friday challenging the driver's suspension for what NASCAR said was a failed random drug test.
In presenting Mayfield's side, John Buric, an attorney in Diehl's firm, said Mayfield had taken Claritin-D, an allergy drug, in addition to Adderall, a prescription medication used to treat attention deficit disorder. Buric said, according to NASCAR, Mayfield had tested positive for amphetamines; Adderall is a name-brand amphetamine. It was not immediately clear whether Adderall or its ingredients are on NASCAR's banned substance list. NASCAR has not identified what Mayfield tested positive for or made its list of banned substances public. Mayfield has contended from the beginning that he did nothing wrong and the positive test was the result of combining a prescription drug with Claritin-D. Dr. David Black, who runs NASCAR's testing program, has since ruled that out as a possibility.
Mayfield's request for an injunction listed seven charges, from breach of character to unjustly preventing Mayfield from participating in any NASCAR function and thus earn a living. Diehl also asked that NASCAR officials stop talking publicly about Mayfield's drug test, which Bridges granted.(ESPN)(5-29-2009)
AND see the Charlotte Observer for:
NASCAR's Drug Policy (pdf) Mayfield's lawsuit (pdf)
(5-30-2009)

NASCAR drug tests 10 crew members during delay: NASCAR randomly drug-tested 10 crew members from 10 teams during the rain delay at the Coca-Cola 600, an apparent tweak to the first three months of in-season testing. Prior to Sunday night, crew chiefs said NASCAR typically informed them when the garage opened if a team member had been selected to give a sample. The individual had four hours to report to testing. Drivers can be tested on any day of the race weekend. But at Lowe's Motor Speedway, NASCAR waited until after the scheduled start of the Coca-Cola 600 to inform teams and ordered individuals to report for testing at the end of the race. Because rain delayed the start, crew members were seen entering the infield care center, where the tests were conducted during intermittent showers. NASCAR toughened its testing policy this season, in part because former Truck Series driver Aaron Fike admitted to using heroin, even on days he raced. It led the sanctioning body to implement mandatory preseason testing for all drivers and crews, as well random testing throughout the season. Previously, NASCAR tested only on reasonable suspicion. Now, at least four drivers, 10 crew members 2 NASCAR officials from all three national series are tested at every event.(Associated Press)(5-24-2009)

No lawsuit filed by Mayfield yet UPDATE: Attorney Bill Diehl says it will be next week before he and driver/owner Jeremy Mayfield reveal what action they might take against NASCAR over the sanctioning body's suspension of Mayfield following a positive drug test taken May 1. “You’ll find out more what [we are] going to do next week – nothing is going to happen today,” Diehl said late Friday afternoon. “Not that we haven’t been working today. … We are going through this methodically, and we’re doing a lot of things, and nothing is going to happen today.”(SceneDaily)(5-23-2009)
UPDATE: Chairman Brian France says NASCAR has no plans to settle the dispute with suspended Sprint Cup driver Jeremy Mayfield out of court if a lawsuit is filed. "We'll defend the policy," France said before Sunday's Coca-Cola 600 at Lowe's Motor Speedway. "We're very confident about the policy." Mayfield hired Charlotte-based attorney Bill Diehl to challenge his positive test that resulted in an indefinite suspension as a driver and owner for violating the substance abuse policy. Mayfield's denial has raised many questions among drivers about the policy. France said the mandatory meeting that NASCAR called for drivers and owners on Tuesday at the Research and Development Center in Concord was scheduled before the suspension. "It's not related to the drug issue or the substance abuse policy, although we'll take questions on that," he said.(ESPN)(5-24-2009)

Mayfield meets with NASCAR; legal action possible: The attorney for Jeremy Mayfield hinted Thursday he'll take legal action to have Mayfield's NASCAR suspension lifted. Mayfield and attorney Bill Diehl met for more than an hour with NASCAR officials. Although Diehl said the meeting was cordial, it did not get them any closer to resolving the issue. Mayfield was suspended May 9 for failing a random drug test. "Jeremy doesn't believe that he's done anything that supports his suspension for the use of drugs," Diehl said. NASCAR has not revealed what banned substance Mayfield used, and Diehl also refused to identify the substance. Diehl did not say what his next move will be, but strongly hinted at taking legal action Friday that will challenge the suspension and the validity of the drug test. He said he received copies of two toxicology reports this week from NASCAR. "We're contesting everything that happened," Diehl said. "We hope that it's a mistake." Joining Mayfield and Diehl at the meeting were four other Diehl associates. Representing NASCAR was general counsel Gary Crotty, assistant general counsel Karen Leetzow, Dr. David Black, administrator of NASCAR's drug testing program, and Steve O'Donnell, vice president of racing operations. "I would agree it was cordial. We laid out the process," NASCAR spokesman Ramsey Poston said. "They want to get Jeremy back in the car, and there is a very well-defined program to do that. Jeremy needs to meet with Dr. Black and work that out, and if he is successful in that, he can get back in the car." Mayfield was dropped off and picked up by his wife in a white Cadillac Escalade. When she returned to get him, a cameraman emerged from the back seat to film the scene. Mayfield, wearing black slacks and a long sleeve dress shirt, smiled and exchanged pleasantries, but Diehl would not allow him to comment.(Associated Press)(5-21-2009)

Mayfield's lawyer talks to Sirius Speedway: Wednesday on "Sirius Speedway" on Sirius NASCAR Radio, host Dave Moody spoke with Bill Diehl, the attorney for suspended driver Jeremy Mayfield.
Host, Dave Moody: "Has there been at this point and will there be a lawsuit filed in this matter?"
Bill Diehl: "First question, no lawsuit has been filed. Will there be a lawsuit? That will depend on what happens between Jeremy and NASCAR which ought to be known in the next couple of days."
Moody: "What kind of conversations are being had between Jeremy and yourself and NASCAR and their representatives right now to try and settle this?"
Diehl: "The conversations I'm having with Jeremy I'm not going to tell you about. The conversations I'm having with the NASCAR lawyer with whom I've been dealing I'm not going to talk about. But they're obviously focused on whether or not Jeremy was suspended properly. Is what happened to him legitimate and should he stay suspended? Should he have to go through some type of rehabilitation, if you will, that they've asked for? So those issues are what we're talking about. Should that happen? Or, the alternative is, has he been mistreated and have they improperly deprived him of a way to make a living? There are some side issues. They've said a lot of unpleasant things about him that Jeremy doesn't believe are true. There's a separate remedy for that kind of behavior."
Moody: "Specifically what has been said about him?"
Diehl: "I haven't heard it directly so what I'm telling you is what's been published. I read a report where Mr. France gratuitously announced that the serious recreational drug use by Mr. Mayfield was very difficult, very bad and they weren't going to tolerate it. Accusing somebody that's driving a race car a couple hundred miles an hour of serious recreational drug use, that's probably not too good thing to say about him. Especially if it's not true."
Moody: "Can you tell us what specific substance has NASCAR accused Jeremy of having in his system?"
Diehl: "I could tell you. I'm not. But we do have two reports that they furnished me yesterday and then they just sent me one a couple hours ago that they hadn't furnished. So we've got two reports but I'm not going to talk about them yet. If we get in a situation where we've got to talk about them then we'll talk about them. But I'm not going to talk about them today."
Moody: "Do the two reports come to the same conclusion? Do they name the same chemical substance?"
Diehl: "I'm not going to talk about what the reports say except to tell you I have them. And then you've already been told or I've read lots of stuff that indicate what the NASCAR reps have said and what this guy, [drug test administrator Dr. David] Black, has said. The game about what is in the report is probably just that at this point. It's a game but I'm not going to participate in that game currently beyond saying that they finally furnished us two reports which they probably should have given to Mr. Mayfield long before this week."
Moody: "Jeremy has said from the start of this that this all boils down to a prescription medication that's been prescribed by a doctor for his allergies combined with a couple of Claritin D tablets that he took on the day in question in Richmond. Can you tell me what the prescription medicine that he is taking was?"
Diehl: "No, I won't reveal that yet but again that's something that he's told NASCAR. They know what it was and they've gotten the information from the doctor. They're dealing with everything Jeremy could have furnished them about anything that he'd taken, according to Jeremy. He did take a prescription drug and he does have a medical doctor who prescribed it and they have that data and they had the information about the Claritin D."
Moody: "What would it take at this point to avoid taking this to the court system? What would have to happen here in the next few days to avoid a lawsuit?"
Diehl: "Some type of acknowledgement that what happened was a mistake on the part of somebody in connection with what they did and how they did it. We're exploring that with them. We can't put Humpty Dumpty back together again. They've said it. They've suspended him. We know there are a couple of reports because we now see them. Somebody is going to have to come forward and acknowledge that, well, we thought we did what we were supposed to do, maybe we made a mistake, let's try it again."
Moody: "What's Jeremy's frame of mind and attitude right now?"
Diehl: "I think he's very upset and he's insulted. He's had a 17 year career, had some successes. He's just getting started with his own team, and this sort of takes you out at the knees if you're suddenly accused of being a recreational drug user and you're suspended from doing what you get paid to do. So, he's upset. He's trying to keep a handle on it, I think. Hopefully he's listening to what I tell him to do. He wants everybody to know that he's not guilty of what he's accused of."
Show personality, Suzie Armstrong: "How soon did he contact you after he was notified by NASCAR about this?"
Diehl: "I don't remember the date. When I knew about it I think I was watching the race from Darlington on television and it came on that he'd been suspended. And that occurred, if my memory was right - I'm not looking at a calendar - May the 9th, a Saturday. And then he called me the next week when I got back in town."
Moody: "Is there any unofficial timeline at this point for you to decide whether or not this takes the next step into the legal system?"
Diehl: "Yes, there is but I'm not going to tell you what it is."
"Sirius Speedway" airs every weekday (3-7 pm ET) exclusively on Sirius NASCAR Radio.(Sirius XM Radio)(5-21-2009)

Doctor: Substance revealed to Mayfield: The administrator of NASCAR's drug-testing program said Monday he personally told Jeremy Mayfield what banned substance was found in his positive test. Dr. David Black, CEO of Aegis Sciences Corp., which runs the testing program, said he specifically identified the drug in several conversations with the Sprint Cup driver over a three-day period after NASCAR suspended him. "I spoke with him about his positive test result on the day he was suspended, and I spoke to him directly about the test result," Black told The Associated Press. "Yes, by name of what he tested positive for." On Saturday, Mayfield said he was never told what drug caused the positive test and has yet to receive a copy of the results. Black said he was not sure if Mayfield has seen the test results because a copy would be issued by NASCAR, not Aegis. NASCAR spokesman Ramsey Poston said he was not aware of any request by Mayfield to obtain the results. "We'd be happy to provide one if he wants it," Poston said. "We've done this in the past upon request for those who tested positive." Mayfield maintains the use of a prescription drug with over-the-counter allergy medication Claritin-D led to his positive result. Black has repeatedly rejected that explanation.(Associated Press)(5-19-2009)

Mayfield could pursue legal action:
#41-Jeremy Mayfield denied on Saturday that he took a substance that violated NASCAR's substance abuse policy and plans to do whatever he has to, even if that means legal action, to override his indefinite suspension. Mayfield, talking publicly for the first time since the governing body announced the suspension last Saturday at Darlington, denied he took an illegal drug and maintained that his positive test came from combining two over-the-counter Claritin D 24 hours with a prescription drug. "I'm going to move as quickly as I can," Mayfield said from the Lowe's Motor Speedway infield before Saturday night's All-Star race. "Yeah, I'm denying it. Illegal drugs? Yeah, definitely." The 39-year-old driver said he has no plans to go through the rehabilitation process that NASCAR says is necessary for reinstatement into the sport. "Why would I?" Mayfield said. Mayfield under the terms of the suspension was not allowed into the Cup garage. He attended the race as a spectator atop the National Guard hospitality hauler in the infield. "No suspended driver or crew member is permitted in any area of the track where NASCAR business or responsibilities are conducted," NASCAR spokesman Ramsey Poston said. "This includes, but is not limited to, the garage, spotters stand, pit road, driver/owner lot, and hospitality areas. There seems to have been a misunderstanding on Jeremy's part. NASCAR officials spoke with him and he understands the rules of suspension and agreed to comply."
Mayfield said Cup series director John Darby did not give him a reason for the suspension. He said Dr. Black told him the Claritin could have triggered the result. Black has vehemently denied that is a possibility. "Now it's not triggering it because I think they're a sponsor," Mayfield said of Claritin, one of the sponsors for Carl Edwards' #99 team. "I never got anything saying what it was, no result ever," Mayfield said. "I've not received any information. They told me I was indefinitely suspended from NASCAR. If I want to be reinstated see Dr. Black." Poston denied that.(ESPN)
"All NASCAR members who violate the policy, including Jeremy, are notified of the substance that caused the failure," league spokesman Ramsey Poston said [at Lowe's Motor Speedway Saturday night]. "Jeremy was verbally informed of the substance on three ocassions last week by NASCAR's medical review officer. NASCAR stands by the reputable physicians and the nationally reknown lab that handles our substance abuse program."(ESPN)(5-16-2009)

NASCAR drivers would like list of banned drugs UPDATE NASCAR declines : #39-Ryan Newman wants to know what drug Jeremy Mayfield has been indefinitely suspended for and a list of all drugs that he could be tested for in the future. So do #83-Brian Vickers and #2-Kurt Busch. "I think everyone wants a list right now,'" Newman said Thursday night before the Pit Crew Challenge at Time Warner Cable Arena. Newman said he plans to discuss the situation with NASCAR. He believes there are enough drivers that want a list of drugs that are being tested for that they can present unified front and force the governing body to provide it moving forward. He is concerned because Mayfield said his positive test was the result of combining a prescription drug with an over-the-counter drug, a claim the doctor that evaluated the test denied. Newman said NASCAR has an obligations to the other 42 drivers on the track and "more importantly the fans" to clarify what happened. NASCAR spokesman Ramsey Poston said the policies of not having a list of banned drugs and not revealing what drug was taken could be reevaluated if enough drivers request it. Chairman Brian France is expected to address the policy on Friday at Lowe's Motor Speedway. "The whole system would be fixed if they just told us what Jeremy did," Newman said.(ESPN)
UPDATE: NASCAR chairman Brian France called Jeremy Mayfield's positive drug test "a serious violation" of the sport's toughened new drug policy. France said Friday he considers performance-enhancers and recreational drugs to be serious violations. But a person familiar with Mayfield's test results told The Associated Press that Mayfield did not test positive for a performance-enhancing drug. That means Mayfield tested positive for a narcotic or a controlled substance, such as cocaine, marijuana or methamphetamine. France would not reveal what Mayfield was caught using, despite a call from several drivers to disclose the drug. "We had a serious violation of our test, our substance-abuse policy, which gets you an automatic and indefinite suspension and that is where we stand with Jeremy," France said. "We've said it's serious." France tried to reassure the drivers, explaining proper use of over-the-counter medication and prescriptions won't lead to NASCAR punishment. "If you should test positive for over-the-counter medications or a prescribed medication that you are on with your doctor, that doesn't result in NASCAR suspending you," France said. "You will ... be asked to explain why you have a certain substance that was identified in a test. That's happened a lot, and it doesn't get you a suspension."(ESPN/AP)(5-15-2009)

Experts says NASCAR drug list should be public: A prominent authority on drug testing says the indefinite suspension of Sprint Cup driver Jeremy Mayfield further enhances his belief that the sport needs to provide a public list of banned substances to protect itself legally. Mayfield on Saturday became the first Sprint Cup driver suspended for violating the substance abuse policy. Sources close to the situation said Mayfield claims he took Claritin D, an over-the-counter allergy drug that contains pseudoephedrine, a substance banned by most sports. Mayfield said in a prepared statement that the positive test was the result of combining a prescribed and over-the-counter drug, a possiblity the doctor who runs NASCAR's drug testing policy denied was plausible. "A combination of an over-the-counter drug taken with a prescription drug could not cause the positive that we took action on," Dr. David Black of the Tennessee-based Aegis Labs said. But what concerns Dr. Charles Yesalis, a Penn State professor who has testified before Congress on performance-enhancing drugs and spent 25 years researching drug testing, is that drivers are not provided a list of banned substances. The NFL, NBA, MLB PGA Tour and NCAA each make available public lists in their drug testing policies. "That alone to me is ludicrous," Yesalis said Monday. "That just kind of violates your sense of fair play. It never would fly in MLB or the NFL because they have a union. "The drivers don't have a union, but if somebody did that to me I'd go get myself a nasty lawyer. What if somebody in management or ownership doesn't like you? They can use that as a weapon against you." Black said the lack of a list makes the program stronger because it gives the governing body more flexibility. Yesalis doesn't disagree that the findings of the test are legitimate. He, too, never has come across a positive test caused by the use of Claritin D, although "if somebody doubled or tripled the dose I wouldn't want to be next to them at 190 miles per hour going into the first turn at Darlington." But for legal reasons he believes NASCAR needs to be more up front with what they are looking for. Because his is not considered an appealable offense, legal action could be Mayfield's only recourse if he chooses to fight the suspension. Sources close to the situation said that hasn't been determined yet.(ESPN)(5-11-2009)

NASCAR disputes Mayfield's 'allergy' claim: #41-Jeremy Mayfield's assertion that use of two allergy medicines led him to run afoul of the series' drug policy is not plausible, the person charged with running the program told USA TODAY. "What we have is a clear violation of policy," said David Black, whose Tennessee-based Aegis Labs conducts NASCAR's random testing program. "In my many years of experience, I have never seen a violation like this due to the combination of over-the-counter or prescription products." Black, citing NASCAR policy, declined to specify what caused Mayfield to test positive, saying it was "a drug of concern." NASCAR announced before Saturday's race at Darlington Raceway that Mayfield [see story below] — the first driver tagged under the series' first-year mandatory testing program — had been suspended indefinitely. Mayfield couldn't be reached for comment Sunday. His agent, Bobby Wooten, said Mayfield was taking allergy medicine when the urine samples were collected at Richmond International Raceway a week ago. The series doesn't have a set list of banned substances, although drivers were warned before the start of the season that they would be screened for steroids, amphetamines and recreational drugs. Black said "there's no way a driver would be in violation" for using common cold and allergy medications as directed. "It's very unfortunate for the sport, for Jeremy, for everybody, because it definitely puts a black eye on (the sport)," four-time Cup champ Jeff Gordon said. Mayfield must complete a treatment program before he's allowed to return to racing. "If that program is successfully completed, then the competitor may attempt to seek reinstatement," NASCAR spokesman Ramsey Poston said in an e-mail. One of Mayfield's crewmembers, Paul Chodora, was the first violator of NASCAR's testing program in February. Mayfield said in a statement at the time that his team endorsed NASCAR's "policing efforts as it makes the sport stronger overall." Wooten said Chodora is no longer with the team.(USA Today)(5-11-2009)

Mayfield, others suspended after violating substance abuse policy: Jeremy Mayfield, driver of the #41 Toyota in the NASCAR Sprint Cup Series, Tony Martin, a licensed crew member with the #34 team in the Sprint Cup Series and Ben Williams, a licensed crew member with the #16 team in the NASCAR Nationwide Series, have been indefinitely suspended from NASCAR for violating the sanctioning body’s substance abuse policy. All three were found to have violated Sections 12-1 (actions detrimental to stock car racing) and 7-5 (violation of the NASCAR substance abuse policy) of the 2009 NASCAR rule book.[was not alcohol due to SPEED](NASCAR PR)
AND NASCAR driver Jeremy Mayfield has been suspended indefinitely after failing a random drug test. The result stems from a test last weekend at Richmond International Raceway. NASCAR spokesman Jim Hunter will not reveal what banned drug Mayfield used. Hunter said it was not an alcohol-related offense. Mayfield failed to qualify for Saturday night's Sprint Cup race at Darlington Speedway. He is driving this season in a car he owns himself. Although he raced it into the season-opening Daytona 500, he has failed to qualify for six of the 11 other Sprint Cup events this season. Mayfield is the first driver suspended under NASCAR's improved substance abuse policy, which went into effect this season.(Associated Press)(5-9-2009)
Mayfield Statement: Statement from Jeremy Mayfield – Owner/Driver of the #41 Toyota Camry: “As both a team owner and a driver in the NASCAR Sprint Cup Series, I have immense respect for the enforcement policies NASCAR has in place. In my case, I believe that the combination of a prescribed medicine and an over the counter medicine reacted together and resulted in a positive drug test. My Doctor and I are working with both Dr. Black and NASCAR to resolve this matter. Mayfield Motorsports remains committed to the NASCAR Sprint Cup Series and the organization will announce an interim owner and a temporary replacement driver early next week. Those roles will commence immediately beginning with next week’s Sprint Open and continuing through Charlotte and beyond.”(Mayfield Motorsports)(5-9-2009)

Crew Member in Violation of NASCAR Substance Abuse Policy UPDATE: Paul Chodora, a licensed crew member in the NASCAR Sprint Cup Series, has been indefinitely suspended from NASCAR for violating the sanctioning body’s substance abuse policy. On Feb. 11, Chodora was found to have violated Sections 12-1 (actions detrimental to stock car racing) and 7-5 (violation of the NASCAR substance abuse policy) of the 2009 NASCAR Sprint Cup Series rule book.(NASCAR PR)(2-19-2009)
UPDATE: Chodora, who NASCAR confirmed was a member of Jeremy Mayfield's #41 Sprint Cup team Thursday, is the first person to be punished under the policy that was amended last season to mandatory preseason testing and random testing throughout the season. Kevin Harvick fired two members of his Truck Series team that failed drug tests given by his organization, not NASCAR, prior to the season. Mayfield's team was formed only a month ago and crew members were not all hired at the time of NASCAR's preseason testing in January. Chodora was given a license by the governing body to participate in Sunday's Daytona 500, then was tested and suspended after only a day and a half of work. Chodora has served previously as a front tire changer with Johnny Sauter's team.(ESPN)(2-19-2009)
STATEMENT: The following is a statement from driver/owner Jeremy Mayfield of Mayfield Motorsports regarding Paul Chodora, who was found to be in violation of the NASCAR substance abuse policy: “Mayfield Motorsports respects the decision by NASCAR to indefinitely suspend Paul Chodora. We as an organization appreciate NASCAR's drug testing policies and policing efforts as it makes the sport stronger overall. If Paul doesn’t comply with NASCAR’s reinstatement process, then he will no longer be an employee of Mayfield Motorsports.”(Mayfield Motorsports/Co-Pilott PR)(2-19-2009)

NASCAR: Drivers pass preseason drug tests UPDATE but...: NASCAR does not anticipate suspending any drivers who took their preseason drug tests last week in North Carolina, sanctioning body spokesman Ramsey Poston said. “We are proud of how the process worked so far,” Poston said in a statement. “All drivers, crew members and officials will have passed the substance-abuse test going into the season.” Drivers in NASCAR’s three national series must pass a drug test during the preseason, and most drivers took their test last week at the NASCAR Research and Development Center. This is the first season that NASCAR is requiring its drivers to pass a preseason drug test. Its previous policy allowed NASCAR to test at any time for reasonable suspicion – which is still the policy today – but did not require the passing of a preseason test. Teams had to submit crew rosters and list those who had passed a drug test in order to have them licensed to work on the cars. “We will continue to randomly test throughout the season,” Poston said, “and our reasonable suspicion remains in place, making NASCAR’s substance abuse policy one of the most comprehensive in sports.”(SceneDaily)(1-31-2009)
UPDATE: All drivers in the Sprint Cup, Nationwide and Nationwide Truck Series passed the first round of drug testing under NASCAR's new policy, officials said on Thursday, but that wasn't the case for crew members. Kevin Harvick said two pit crew members for his Truck Series team were released after failed tests and he expects there are others throughout all three series. "There's definitely more out there,'' Harvick said during media day at Daytona International Speedway. "There's a lot of people that are looking for jobs right now that are straight-up people. It couldn't have come at a better time.'' NASCAR implemented a policy that calls for mandatory preseason testing for all drivers and crew members and random testing throughout the season by an independent laboratory after former Truck Series driver Aaron Fike admitted last season he competed under the influence of heroin. The tests are focused on narcotics, beta blockers and steroids. Random testing will be done at the track almost every race weekend, beginning at Daytona next week. Anywhere from 12 to 14 crew members and two drivers per series will be tested each weekend. A failed test by a driver will be made public, but not those by crew members. Three failed tests will result in an automatic lifetime ban. In the past, testing was done only on "reasonable suspicion.''(ESPN.com)(2-6-2009)

Newman questions timeline of drug testing: Ryan Newman supports NASCAR's new drug-testing policy for 2009 but says he was surprised that the sanctioning body so clearly defined a designated time frame for the tests. "I might be opening up a can of worms when I say this, but why would you announce you're going to have a drug-testing time?" Newman said during the Stewart-Haas Racing portion of the Sprint Media Tour hosted by Lowe's Motor Speedway. "I mean the whole idea of announcing it kind of takes away from the people that know how to cheat the system. Obviously, I know there's probably going to be some follow-ups with certain people ... but it just seems to me that you're only eliminating the really, really naïve people in the first testing or in the first screening like this." The sanctioning body issued a memo to teams in December, requiring they submit drug-testing results from all crew members, spotters and race-day support personnel, including engineers, engine tuners, shock specialists, chassis specialists and tire specialists, by Jan. 16. NASCAR was to oversee drug testing for all drivers beginning the week of Jan. 20.(Scene Daily)(1-30-2009)

Deadline for team drug testing nears: NASCAR Sprint Cup, Nationwide and Camping World Truck teams have one more week to file an initial list of crew members who have passed a drug test and are eligible for a NASCAR license. NASCAR issued a memo to teams last month, setting a Jan. 16 deadline for crew members, which includes all over-the-wall pit crew members, the crew chief, car chief, pit crew support, including team members that are responsible for tires, fuel, and pit crew operation, as well as spotters and race day support, including engineers, engine tuners, shock specialists, chassis specialists and tire specialists, to have the test results. All tests must be conducted by a laboratory certified by the U.S. Substance Abuse and Mental Health Services Administration. Teams do not need to submit the names of crewmen who don’t pass. NASCAR plans to oversee the testing of drivers itself, beginning the week of Jan. 20, NASCAR spokesman Ramsey Poston said Thursday. According to NASCAR policy, any driver who fails a test will be indefinitely suspended.(Scene Daily)(1-12-2009)

NASCAR to begin tougher drug testing in January: NASCAR will test drivers for performance-enhancing drugs next month under a tougher policy that also bans using illegal drugs and abusing prescription medications. NASCAR likely will test drivers the third week of January, and crew members must submit results from an approved lab by Jan. 16, according to documents obtained Thursday by The Associated Press. A NASCAR memo sent to teams lists specific banned substances for which crew members must be screened. No similar guidelines were issued for drivers, as NASCAR reserves the right to test competitors for anything. Under the old policy, NASCAR had the right to randomly test based on suspicion of abuse. Under the tougher guidelines first announced in September, everyone will be tested before the season begins, and random testing will continue throughout the year. NASCAR expects to randomly test 12 to 14 individuals per series each weekend in 2009. The memo, dated Dec. 8, is the first time the new policy has been laid out in writing and specifies who falls under the guidelines. Those who must be tested before Jan. 16 include: pit crew members, including "over-the-wall" crew members, the crew chief, car chief, team members responsible for tires, fuel and pit crew operation, spotters and race-day support personnel that includes engineers, engine tuners, shock specialists, chassis specialists and tire specialists.

Among the substances those participants must be tested for are:
- Seven different amphetamines, including methamphetamine and PMA, a synthetic psychostimulant and hallucinogen.
- Three drugs classified under ephedrine.
- 13 different narcotics, including codeine and morphine.
- Ten different benzodiazepines and barbituates.
- Marijuana, cocaine, zolpidem, nitrites, chromates and drugs that can increase specific gravity.
No such list exists for the drivers, but spokesman Ramsey Poston confirmed NASCAR will test for performance-enhancing drugs. The driver testing, which will be administered by NASCAR, had been scheduled for preseason testing at Daytona next month. But because testing has been suspended for 2009, NASCAR likely will screen drivers when most are in Charlotte next month for the annual media tour of race shops.(Associated Press)(12-18-2008)

NASCAR Amends Substance Abuse Policy: NASCAR announced today it has amended its longstanding substance abuse policy to include random testing beginning in 2009. The amended policy mandates that all drivers in NASCAR’s three national series be tested prior to the start of the 2009 season. Team owners must also verify that all licensed crew members have been tested by a certified lab prior to the start of the season. In addition, NASCAR will test its officials prior to the start of the 2009 season. Drivers, over-the-wall crew members and NASCAR officials thereafter will be subject to random tests throughout the year. “We have made a very good policy even better with the addition of random tests,” said NASCAR Chairman and CEO Brian France. “NASCAR’s policy has long given us the ability to test anyone, anywhere, at anytime. Random tests now provide us and the industry with additional information.” NASCAR’s substance abuse policy has always prohibited the misuse or abuse of any drug. This means that a violation of the policy can be triggered with the use of any drug or medication if NASCAR believes it has been abused or misused. NASCAR’s sweeping policy of reasonable suspicion remains in effect. Penalties for violation of NASCAR’s substance abuse policy will continue to be among the toughest in sports – immediate suspension from competition. Competitors that violate the policy will continue to be required to meet detailed criteria prescribed by NASCAR’s outside experts in order to be considered for reinstatement. While it is possible that a competitor could receive a lifetime ban for just one violation, a third violation will automatically result in a lifetime ban. NASCAR will continue to work with its outside experts at AEGIS Sciences Corporation and Dr. David L. Black. AEGIS, which has worked with NASCAR on designing and implementing its substance abuse policy, is the largest independent sports and forensic certified testing laboratory in the United States. AEGIS personnel will be responsible for the administration of all preseason and random substance abuse tests.(NASCAR PR)(9-20-2008)

Former racer Fike admits using heroin on race days: Suspended NASCAR driver Aaron Fike now admits that he not only secretly struggled with drug addiction for years but also shot up heroin on some race days. In his first in-depth interview since being arrested for heroin possession last summer, the 25-year-old said he had been using heroin for eight months and suffered from a dependency on painkillers for six years before that. In the weeks prior to his arrest, his once-a-week experiment with heroin had become a daily routine, including the days he was competing in the NASCAR Craftsman Truck Series. NASCAR officials, when informed of Fike's admission, said the league has kept an eye on the more proactive random drug testing policies recently ramped up by the "Big Four" major league sports but point to the list of recent suspensions as proof that the current policy is working. "No system is perfect," said Jim Hunter, NASCAR vice president of corporate communications. "Our current policy has served us extremely well. We do have discussions from time to time regarding possible alternatives, so I wouldn't rule those out. But I think what our policy has allowed us to do up to this certain point in time, it has served us well." Fike said he hopes that his admissions will force NASCAR officials to rethink their current drug testing policy. Fike has returned to USAC's Midget series, where he is tested upon arrival at the track. He is currently serving a two-year probation and continues rehabilitation and counseling. Later this month he will launch www.onthewinningtrack.com as part of his court-agreed youth drug education program. He has also talked briefly with NASCAR officials about beginning the arduous reinstatement process, but realizes that his once-promising stock car career may be over.(ESPN)(4-9-2008)

Shame Hmeil Suspensions:
Shane Hmiel Suspensions page

Strike Three for Hmiel - Banned for Life: NASCAR officials confirmed Friday that former NASCAR Busch and Craftsman Truck Series driver Shane Hmiel failed a third drug test and has been banned from NASCAR for life. Hmiel failed two prior tests in 2003 and ’05, and NASCAR officials said Friday that he failed a third within the past week, prompting his banishment.(Speed Channel)
AND Driver Shane Hmiel has been suspended from competition for life by NASCAR after failing a third substance abuse test. "Shane failed to fulfill the prescribed rehabilitation program scheduled by NASCAR," NASCAR spokesman Ramsey Poston said Friday. "As a result, Shane has forfeited his opportunity to compete in any NASCAR-sanctioned events." Asked if there is any possibility of Hmiel racing in NASCAR sometime in the future, he said, "No, it is a lifetime ban." Hmiel, the 26-year-old son of longtime crew chief and team official Steve Hmiel, was first suspended in September 2003 after failing a test. He completed a required rehabilitation program and was reinstated for NASCAR competition in February 2004. But he was suspended again last June after failing a second substance abuse test. NASCAR had laid out a road map for Hmiel's possible reinstatement in 2007 that included medical and psychological reviews and frequent testing. NASCAR said Hmiel failed one of those tests. NASCAR's Substance Abuse Policy, based on "reasonable suspicion," allows the sanctioning organization to broadly administer tests virtually anytime, anywhere.(ESPN.com/AP)(2-24-2006)

Hmiel kicked out of Dover? UPDATE - OFFICIAL, fails drug 2nd test: Been told from folks at the track that #32-Shane Hmiel was was escorted out Dover International Speedway after a privite meeting in the NASCAR trailer. Supposedly all reports have Hmeil failing a randon dug test. Hmeil was 2nd fastest in practice today. Being told Ron Hornaday will drive the #32 car at Dover.
NASCAR STATEMENT: NASCAR has suspended driver Shane Hmiel indefinitely, for violation of the sanctioning body's substance abuse policy. NASCAR officials said Thursday that Hmiel was tested for banned substances after NASCAR Busch Series qualifying at Lowe's Motor Speedway in Concord, N.C. The results of the test were positive, violating Section 12-4-A (actions detrimental to stock car racing) and Section 12-4-E (violation of the NASCAR Substance Abuse Policy) of the 2005 NASCAR rule book. Hmiel is 14th in the current NASCAR Busch Series driver championship standings.(NASCAR PR)(6-2-2005)
Permanent Ban for Hmiel? [Hmiel] who has served as a lightning rod for criticism and controversy has been suspended indefinitely, and it's uncertain whether he will be allowed back again. Hmiel followed a NASCAR-mandated recovery program and was reinstated five months after a positive test following a Busch Series race on Sept. 5, 2003 at Richmond International Raceway. That might not be an option after Hmiel entered uncertain ground by testing positive twice. NASCAR hasn't decided yet how another appeal would be handled. A decision could come Monday, and a NASCAR source said a permanent ban was being considered.(Richmond Times Dispatch)(6-4-2005)

Ephedra ruling won't change MLB, NFL, NASCAR policies: Ephedra will remain a banned substance in at least three professional sports, even if a recent court ruling ends up putting the controversial dietary supplement back on store shelves. Rob Manfred, Major League Baseball's executive vice president of labor relations, confirmed in an e-mail that ephedra will remain on baseball's banned substances list. NFL spokesman Brian McCarthy confirmed ephedra, which league officials banned in 2002, would remain on the league's banned substances list. The Washington Post quoted NFL Players Association leader Gene Upshaw as saying, "The dangers are still there, as far as we're concerned.. .. We have enough concerns about this. It's still going to be on our banned list."
NASCAR banned ephedra in January 2004 after a USA TODAY report quoted one racing team's trainer as estimating that 80% of crew members had tried supplements containing ephedra. "Based on what I've read about the court ruling, there's no reason for us to change," NASCAR vice president of communications Jim Hunter said Friday. The Food and Drug Administration banned ephedra in April 2004, saying supplements that contained the substance present "an unreasonable risk of illness or injury."(USA Today)(4-16-2005)

More on Drugs and NASCAR: NASCAR confirmed Wednesday that it has issued 40 to 45 drug tests during the past two years, a figure that includes multiple tests for some individuals. NASCAR only drug tests individuals based on reasonable suspicion that they are abusing a drug. Jim Hunter, NASCAR spokesman, said that Shane Hmiel has been tested 12 to 15 times since he was reinstated in February 2004. NASCAR suspended Hmiel on Sept. 18, 2003, for violation of the series’ substance abuse policy. NASCAR required Hmiel to attend counseling and periodic random testing as part of his reinstatement. The issue of drugs in sports has grown since recent government hearings on steroids in Major League Baseball. The House Committee on Government Reform, which held those hearings, is investigating performance-enhancing drugs in sports. The committee sent letters Tuesday to several sports organizations asking for their drug testing policy. NASCAR has not been asked to submit such information.(News and Record)(4-7-2005)

Congress not investigating NASCAR about drugs...yet: The House Committee on Government Reform, which is investigating performance-enhancing drugs in baseball, sent letters Tuesday to seven sports organizations requesting information on their testing policies. One sport won't be getting a letter right away: NASCAR. Robert White, spokesman for committee chairman Rep. Tom Davis, R-Va., said the committee has not decided whether to ask to review NASCAR's drug testing policy. "We're looking to see whether it makes sense for us to take a closer look at them," White said. "At this point, we don't know if it's something we want to do." The committee sent a letter to the NFL last week requesting its drug testing policy after a report that three Carolina Panthers got steroids from a South Carolina doctor. Tuesday, the committee sent letters to the NBA, NHL, Major League Soccer, U.S. Soccer Federation, U.S. Tennis Association, USA Track and Field and USA Cycling.(News and Record)(4-6-2005)

Drug Testing to be Expanded? UPDATE: Drug testing for NASCAR drivers could be radically expanded if NASCAR executives follow the strict new Olympics-type anti-doping rules adopted by the FIA, the world governing body of auto racing this week. NASCAR racing has so far been immune to the steroids controversy swirling around the NFL and major-league baseball. But are steroids a problem in NASCAR? What is NASCAR's policy on steroids? And how will NASCAR react to the latest steroid-sports controversy? NASCAR officials say that steroids use is a non-issue in their sport. Nevertheless, several drivers and crew chiefs say they wouldn't be surprised to see NASCAR opening a round of steroidw testing, under its broad drug-use policy, which all NASCAR team members must sign before the start of each season. The FIA just announced that it has agreed to follow the World Anti-Doping Agency's rules for all its races. And all NASCAR drivers and car owners must hold an FIA license in order to compete in the Daytona 500, the Brickyard 400 at Indianapolis and the Talladega 500. That would appear to mean that all Nextel Cup drivers would have to be drug-tested for the full WADA list of prohibited drugs, which includes a litany of anabolic steroids. Jeff Burton said: "No, there is not a steroid problem in NASCAR. However, it's always best to be proactive, and get on the front edge of that thing and make sure nobody is using steroids. "Steroids would help tire changers, jackmen and those kind of guys." "I don't think drivers need steroids for stamina," Jimmy Spencer said. "You don't have to be real strong to drive a race car, but you have to have good stamina. Steroids work against that."(Winston Salem Journal)
UPDATE: Jeff Gordon says he doesn’t know much about steroids, and doesn’t feel a steroid would give a driver any added advantage, “I just think when you’re in a racecar and you’re traveling the speeds you’re traveling, you’re mind doesn’t have a choice but to concentrate. There might be some natural herbs that guys could take to help them with that…I’ve certainly never had to do that or thought about doing that. At a track like this (Bristol) or a road course it’s very physical, muscle endurance is defiantly something that’s important so being in good shape and having a workout that allows you to stay fresh. I would say that the only thing for us is more like a bicycle rider like a Lance Armstrong. It’s more about keeping your body hydrated. We’re not trying to get really strong. You don’t need to be physically really strong.” Asked if he could tell if someone on his team was taking steroids or any illegal substance Gordon said, “I’m not sure what the signs are but we would put that responsibility on our trainers that train the guys and make sure they’re doing what they need to do to stay fit but doing it in a way that’s healthy for their bodies.”(PRN's Bristol Coverage)(4-2-2005)
UPDATE: Steroids in NASCAR? The governing body says performance-enhancing drugs are not an issue in Nextel Cup or its other series, but an expert in the field speaks to the contrary . “There’s a lot of money involved in NASCAR,” said Charles E. Yesalis, a Penn State health policy professor and sports-drug expert who has testified about steroids on Capital Hill. “Anybody that thinks people in one sport are more honest than another sport are just plane naive.” Yesalis said NASCAR, which does not have a mandatory drug testing policy, would be smart to turn its entire testing program over to the World Anti-Doping Agency to avoid the scrutiny other sports are under. “I doubt they have a huge problem, but it would deter one if they did,” he said. Yesalis, who will be at Bristol Motor Speedway for today’s Nextel Cup race, said steroid use in NASCAR likely would come with pit crew members that require strength, speed and agility. He said steroids would have little if no impact on a driver’s performance. Yesalis said he first became wary of possible steroid use in NASCAR when he heard teams were using professional strength and conditioning trainers to work with pit crew members. NASCAR has a drug policy that calls for random testing only as a result of reasonable suspicion of abuse of an illegal substance, including steroids. Yesalis said there aren’t always physical signs with steroids. NASCAR spokesman Ramsey Poston said there is no mandatory testing as there is in the NFL and other sports because the sanctioning body doesn’t perceive there to be a problem. “There’s not even a suspicion of a problem in the sport,” said Poston, reminding many teams have their own drug testing policy separate from NASCAR’s. “We think the policy is very sound, that it is effective.” Some in the garage agree with Yesalis that NASCAR is being naive, particularly in light of the recent congressional hearings on steroids in baseball that is being expanded to the NFL after recent allegations of steroid involvement by members of the Carolina Panthers. They say NASCAR should take a more proactive position to avoid unnecessary scrutiny. NASCAR may not have a choice but to get involved in the steroid issue. The House Committee on Government Reform recently sent a letter to the NFL asking the league to submit information on its steroid testing policy. Only four drivers — Brian Rose in the truck series, Shane Hmiel and Kevin Grubb in Busch, Sammy Potashnick in the Winston Series West — are known to have tested positive during the past three years.(in part from The State)(4-3-2005)

More Trouble for Brian Rose UPDATE: Former Trucks Series driver Brian Rose is facing criminal charges again after a traffic stop Wednesday, according to a Bowling Green Police Department report. Police said they stopped Rose, 23, after he was seen driving erratically on U.S. 31-W By-Pass. The officer reportedly smelled alcohol and marijuana inside the vehicle. Rose was chewing on something and the officer ordered him to spit it out. The “chaw,” as Rose described it, was marijuana, according to the report. After searching Rose and his SUV, the officer found marijuana in Rose’s underwear and a handgun concealed in a Crown Royal bag. The vehicle also had expired tags. Rose was charged with carrying a concealed weapon, possession of marijuana, tampering with evidence, expired registration and DUI. He was released from the Warren County Regional Jail on Thursday after posting a $10,000 cash bond. Rose began facing a series of problems in August 2002 after he lost his racing sponsorship; a month later his family’s home burned to the ground from an undetermined cause; in April he was suspended indefinitely by NASCAR; in July he was charged with first-degree alcohol intoxication, second offense, possession of marijuana, first-degree prescription in improper container, second-degree possession of an illegal substance of an unspecified origin and first-degree promoting contraband. Those charges have been sent to a grand jury.(Bowling Green Daily News)(9-16-2003)
UPDATE: Two arrest warrants have been issued this week for former NASCAR Craftsman Trucks Series racer Brian Christopher Rose. But Rose, 23, of Bowling Green has not yet been arrested, according to jail records. The first warrant was issued Tuesday by District Court Judge Brent Potter, who was revoking Rose’s bond in a July drug-related case, and the second came Thursday from District Court Judge Sam Potter, who issued an arrest warrant for Rose after he failed to show up to court in relation to a Sept. 10 traffic stop. At the time, police pulled Rose over because they said he was driving erratically on U.S. 31-W By-Pass. Police said Rose was chewing a wad of marijuana and a search turned up more marijuana in Rose’s underwear and a concealed weapon in the vehicle.(Bowling Green Daily News) (9-19-2003)

Rose Suspended UPDATE 3 Appeal Denied: NASCAR Craftsman Truck series driver Brian Rose has been informed by NASCAR officials that he has been indefinitely suspended from the series, ThatsRacin.com has learned. Rose has been suspended for "actions detrimental to stock car racing" and a formal announcement regarding his suspension is expected to be made Monday. Rose's suspension does not come as a result of actions during a race or on the track, but NASCAR officials are unlikely to be more specific about the cause, sources said Saturday. Rose has started in two of the series' four races in 2003. He finished 14th at Darlington, S.C., and 24th at the most recent race at Martinsville, Va. He competed in 21 races in 2002 with one top-five and five top-10 finishes while driving for Bobby Hamilton Racing. He made his series debut in 2001.(Charlotte Observer)(4-26-2003)
UPDATE: NASCAR officials announced today that NASCAR Craftsman Truck Series driver Brian C. Rose has been suspended indefinitely for actions detrimental to stock car racing (Section 12-4-A of the NASCAR Craftsman Truck Series Rule Book).(NASCAR PR), no idea why he was suspended, meaning the details.(4-28-2003)
UPDATE 2: Brian Rose tells this week's NASCAR Winston Cup Scene that he is working to resolve the issues surrounding his indefinite suspension by NASCAR so he can return to competition. While NASCAR did not specify the reasons for its actions, the 23-year-old driver told Scene he was suspended for not following NASCAR’s instructions on taking a drug test. "I was told to go to a specific location by NASCAR," Rose said. "I went across from that location and checked into an emergency hospital when I should have remained at the designated location. I should have paid more specific attention and detail to what NASCAR told me to do. It was my own fault I didn’t follow specific procedures." He said all of the tests were negative.(Scene Daily)(4-30-2003)
UPDATE 3: On May 9, 2003, the National Stock Car Racing Commission heard and considered the appeal of Brian Rose. The penalty did not stem from a racing competition, but instead from a clinical laboratory test the Appellant was directed to take by NASCAR in accordance with NASCAR's Substance Abuse Policy. The penalty imposed by NASCAR was indefinite suspension. During the Hearing, the Appellant admitted that he failed to properly comply with the testing procedures set forth in the Substance Abuse Policy. NASCAR, at its discretion, may wish to schedule another substance abuse test for the Appellant at some future time, as well as any additional requirements to assure compliance with NASCAR's Substance Abuse Policy. However, the Commission finds that NASCAR acted correctly in imposing an indefinite suspension in light of the facts. It is therefore the unanimous decision of the National Stock Car Racing Commission to uphold the penalty assessed by NASCAR. The Appellant has the right, under Section 15 of the NASCAR Rule Book, to appeal this decision to the National Stock Car Racing Commissioner.(NASCAR PR)(5-9-2003)

BGN Driver Arrested UPDATE: A NASCAR driver in Central Florida for SpeedWeeks is under arrest for drugs. A deputy pulled over Sammy Potashnick in Flagler county. The deputy arrested Potashnick after noticing his car going north in the southbound lane on a divided road... heading right for him. When deputies finally pulled him over, they say he didn't know where he was at the time. Police say he admitted to taking numerous vicatin painkillers without a prescription and smoking crack cocaine. Both of which were found inside the car. Potashnick who was in town to get more sponsors for his racing company, was scheduled to make his Busch series debut next weekend in Rockingham(NC). No word if that will happen. NASCAR is investigating the incident.(icFlorida/WFTV)(2-15-2002)
UPDATE: Sammy Potashnick was arrested Thursday and charged with possession of crack cocaine and prescription drugs without a prescription. Potashnick, 27, of Sikeston, MO., who is second in NASCAR's Winston West Series and was scheduled to drive in this year's Busch Series, has won more than $12,000 in the Winston West Series this year in his No. 65 Chevrolet. Potashnick had been scheduled to drive in the BGN for Jay Robinson's #49 team at the Rockingham 200 in North Carolina next Saturday. Robinson, in Daytona Beach for Speed Weeks, said it was too soon to say whether Potashnick would be allowed to drive the #49 car next week. Potashnick was not scheduled to race this week at Daytona. He was arrested on Old Kings Road about 4:30 a.m. Thursday after what a Flagler County sheriff's deputy described as a near head-on collision. According to authorities, Potashnick was on the wrong side of the road driving north on Old Kings Road near its intersection with Palm Coast Parkway. When deputy Jason Jolicoeur turned south onto the road, Potashnick swerved to avoid him. Jolicoeur decided to pull Potashnick over. The race car driver was disoriented, carrying prescription drugs of some kind without a prescription bottle and had a rock of crack cocaine in a cigarette box stashed in the center console of his rental car, the Sheriff's Office said. Deputy David Edmonds, riding with Jolicoeur, arrested Potashnick after the brief interview, according to the Sheriff's Office. Potashnick was taken to Memorial Hospital-Flagler to be checked out, then to the Flagler County Inmate Facility where he was booked on the charges and subsequently released on $10,000 bail. Officials from Lucas Oil Products Inc., which sponsors Potashnick's SP Racing team, expressed surprise Thursday night on learning of the news, but said they would have no comment until Friday morning. Jolicoeur said Potashnick told the deputies he had taken some prescription drugs after a family argument.(Daytona Beach News Journal)(2-15-2002)

Skinner News - UPDATE: The son of Winston Cup driver Mike Skinner was arrested in North Carolina on Thursday on multiple drug charges. A spokesman for the Randolph County Sheriff's department said they arrested Michael James Skinner, 22, of Randleman, N.C., after a search warrant turned up valium, anabolic steroids, marijuana and two digital scales with cocaine residue on them in his home and garage. Officials said they also found 88.9 grams of cocaine inside a race car belonging to the younger Skinner. He was jailed and bond was set at $100,000.(ESPN/AP) ESPN2's RPM 2Night also reported this, and Skinner's son, Jamie (nickname) raced in two CTS races and four BGN races.(11-3-2000)
UPDATE Mike Skinner Comments: The following are comments by Mike Skinner on the Nov. 2 arrest of his 22-year-old son, Michael James (Jamie) Skinner, on violations of drug laws. "I'm devastated by the news as any parent would be," said Skinner. "But right now, since we don't have all the information, there's not a lot I can say," said Skinner. "Jamie and I talked on the telephone but it was a conversation between me and my son that will be kept private. I own the house and the shop where Jamie lived and rented them to him. It is not the home I have in Sophia (N.C.). I spend a small amount of time there during the year but I've lived full time in Spruce Creek (a suburb of Daytona Beach, Fla.) for about a year now. I will make a further statement after I know all of the details. Until then, there's not a lot more I can say."(RCR PR)(11-4-2000)

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