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NASCAR's Drug Policy Holds Up: Jeremy Mayfield It's Time to Give Up and Walk Away July 31, 2009  Jeremy Mayfield was caught with a failed drug test performed by NASCAR, which ever since he's been fighting to no avail. The more he fights the indefinite suspension, which came as a result of the failed drug test, the more credibility he loses in the situation. It's time to walk away quietly and disappear for a long time.
It all started the Darlington weekend in the beginning of May when NASCAR chose Jeremy to be drug tested prior to the Southern 500. John Hunter, NASCAR spokesman, said the test was confirmed as a positive result for a drug of concern at noon on Saturday before the Southern 500. Mayfield's team manager said, that a combination of a prescribed medicine and an over-the-counter medicine reacted together to create a false positive.
At this point, I'm sure that Jeremy had many supporters on his side of the situation. That isn't true anymore as the longer Jeremy fights the worse his situation gets.
Jeremy got legal representation to fight the situation and they threatened to take NASCAR to court to lift the suspension. Jeremy said he wanted them to test him again and he'd prove he was clean.
Meanwhile NASCAR's legal team investigated Jeremy's doctor representation in the court case and alleged that his doctor lacked the education and certification to make the statements. Jeremy's doctor fought back to save his reputation and still Jeremy had some supporters as NASCAR went digging dirt instead of proving their end of the case. Also, the drug testing lab unsealed the backup sample to test it and that was not done with Jeremy's representation to confirm the findings of the backup sample. So, Jeremy shot at NASCAR again with a procedure violation that kept his supporters on his side.
After this, things went a little up for Jeremy as U.S. District Court Judge Graham Mullen reinstated Jeremy just before Daytona following a July 1 court date. Jeremy was cleared to race at Daytona, but couldn't get a car in the race.
On July 6, NASCAR asked Jeremy to prove his point that he'd come back clean with a new drug test. This is where everything started downhill for Jeremy to have much support from his fans. Mayfield claimed that he didn't get the message to have the test done soon enough to make the 2 hour deadline to voluntarily submit a sample at a lab. He then claimed that once he found out where to go he got lost due to as Mayfield's lawyer said he was "given bad directions" and it took over 7 hours to get to the lab. Mayfield's lawyer suggested to Mayfield to go to an independent lab and have another sample taken that he could control.
NASCAR appealed Judge Mullen's reinstatement of Jeremy on July 15 with the positive test results from the July 6 sample taken. NASCAR also planned on asking the court for advice as to what to do with the backup sample they had kept sealed this time.
NASCAR also brought an affidavit to court from Lisa Mayfield, Jeremy's step-mother, who said that Jeremy used to make his own methamphetamines since back in 1998, which NASCAR eventually revealed in July was the drug found in the drug tests. Jeremy claimed that his step-mother was telling lies because Jeremy wouldn't give her money.
This week, NASCAR revealed that they had the phone call from July 6 requesting Jeremy to be tested at 1:18 p.m. on tape. Mayfield claimed they left him a voice mail message that he didn't get right away, but the tape reveals that Regina Sweeney, an employee of Aegis Sciences Corp., which runs NASCAR's drug-testing program talked to Jeremy directly and didn't leave a voice mail message that Jeremy says he got 40 minutes later.
NASCAR released the transcript of the tape in the appeal.
"I'm calling on behalf of NASCAR who has requested that you take a drug test today within the next two hours ... and I was going to help find you a location that you could go to based upon where you are right now," Sweeney said in the transcript.
"Right, well I'm gonna have to -- let me talk to my attorney first. ... So, and I'll get back with you," Mayfield is quoted as replying.
According to Mayfield's affidavit, he was in a meeting and did not receive the message until 2 p.m. and it was 2:44 p.m. when he was finally told which labortatory to go to -- making it impossible for him to meet the testing deadline.
Now, with the second positive test, the lies about the phone call arranging the test and the reversal of the reinstatement by Judge Mullen, it seems that the support for Jeremy is fading fast.
NASCAR made a few mistakes early on, but started sitting back a little and taking care of what they did and as Jeremy took shots at them in July, NASCAR took the opportunity to now put Jeremy on the defensive side and really hurt Jeremy's credibility.
It is obvious now that whether Jeremy is right and he is clean he can't prove it. I don't see any way he will be reinstated by another judge or by NASCAR in the foreseeable future. To top it off, Jeremy has since sold his race team. It would appear that the battle is over and Jeremy lost. It's time to give up the fight and disappear.
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