Jeremy Mayfield asks judge to rescind suspension

CHARLOTTE, N.C. (AP) " Suspended NASCAR driver Jeremy Mayfield must wait until next week for a judge to rule whether his suspension for a failed drug test should be overturned.

Mayfield filed a lawsuit Friday challenging the indefinite suspension, saying NASCAR did not follow its drug-testing policies and left the driver with no way to prove his innocence.

Mecklenburg County Superior Court Judge Forrest Bridges set a hearing for Wednesday, saying an immediate ruling was not necessary because Mayfield Motorsports is not racing this weekend. But the judge warned both sides not to discuss Mayfield's test results in the meantime.

NASCAR suspended Mayfield on May 9 after he failed a random drug test, and Mayfield's attorneys acknowledged in court Friday that NASCAR told Mayfield he had tested positive for amphetamines. They said the driver was taking Adderall for Attention Deficit Hyperactivity Disorder and Claritin-D for allergies.

In the lawsuit, Mayfield specifically called out NASCAR chairman Brian France and Dr. David Black, the administrator of NASCAR's drug-testing program, for comments they have made about the case.

"France and Black made such statements out of spite, personal ill will and personal malice toward Mayfield with the express intention of damaging his personal and business reputation and making him an example of NASCAR's power to suspend a driver/team owner, based upon numerous violations of its flawed drug policy," the court documents read.

Also listed as defendants are: NASCAR; Aegis Sciences Corp., which conducts the sport's drug testing; and Douglas F. Aukerman, the program's medical review officer.

Mayfield has insisted from the beginning that the mix of a prescription drug with over-the-counter allergy medication led to his positive test May 1 in Richmond, Va. Black has repeatedly rejected that explanation.

NASCAR emphasized in court Friday that the test also found "a dangerous, illegal, banned substance."

"We're in an ultra hazardous sport," NASCAR attorney Paul Hendrick told the court. "You cannot allow people to drive on tracks that have issues related to drug abuse or a positive test."

Mayfield attorney Bill Diehl said the team hopes to race at Pocono next weekend.

France has described Mayfield's test as a "serious violation" of the substance-abuse policy, and he categorized that as use of a performance-enhancer or a recreational drug. A person familiar with the test results has told The Associated Press the positive test was not for performance-enhancers, meaning the positive test resulted from an illegal recreational drug.

Mayfield was the first driver to be suspended under NASCAR's new drug policy. Earlier this week, NASCAR suspended its sixth crew member for a failed drug test.

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 as 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.

Among those attending Friday's hearing were NASCAR president Mike Helton and Mayfield's wife, Shana.

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AP Auto Racing Writer Jenna Fryer contributed to this report.