NASCAR successfully petitioned to move owner/driver Jeremy Mayfield's hearing for a temporary restraining order to federal court - if granted, the TRO would allow Mayfield to return to his own #41 Toyota, which competes in the Cup series.
Mayfield's motion was to have been heard in state court in Charlotte, N.C., on Wednesday, but the change in jurisdiction now forces Mayfield either to argue the issue in federal court -- where a hearing has not yet been scheduled - or petition to return the matter to state court. In either case, Mayfield won't be able to drive this weekend at Pocono, as he had hoped to do.
"Administration of NASCAR's substance abuse policy extends to every state in which it races, which is why the logical forum is federal court," Ramsey Poston, managing director of corporate communications for NASCAR, said. "NASCAR is prepared for the next step in the legal process in which NASCAR will have the opportunity to fully present its side.
“We remain committed to protecting the safety of the drivers and maintaining the integrity of the sport."
On May 9, Mayfield was suspended indefinitely from NASCAR after a positive drug test, which was administered May 1 in Richmond, Va.
Mayfield contends that the positive test resulted from the combination of the prescription drug Adderall-XR with over-the-counter Claritin-D, which he was taking for allergies. Dr. David Black of Aegis Sciences Corp., which administers NASCAR's drug testing programme, has dismissed that explanation.
by Reid Spencer/Sporting News