Lawyer: Mayfield tested for drugs twice on Monday

CHARLOTTE, N.C. — The attorney for Jeremy Mayfield says the NASCAR driver was tested twice for drugs on Monday — once at an independent laboratory and once at his home by NASCAR.

John Buric says “a group of people” went to Mayfield’s home in Catawba County, N.C., on Monday evening and “watched him pee in a cup.”

Earlier that day, Buric says Mayfield also provided a sample at an independent lab.

Mayfield was suspended May 9 for failing a random drug test eight days earlier. NASCAR has said he tested positive for methamphetamine, but Mayfield has denied using the illegal drug.

Last week, a judge overturned the drug suspension and cleared Mayfield to return to the track. On Wednesday, NASCAR filed an appeal with the 4th U.S. Circuit Court of Appeals, asking it ban Mayfield.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

CHARLOTTE, N.C. (AP) — 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.

“The District Court failed to give proper weight to the safety interests of the NASCAR drivers, teams, and fans who will be subject to increased risk of injuries or fatalities if NASCAR is forced to allow a drug-impaired driver to participate in NASCAR events,” NASCAR wrote.

Mayfield was suspended May 9 for failing a random drug test eight days earlier. NASCAR has said he tested positive for methamphetamine, but Mayfield has denied using the illegal drug.

NASCAR also argued Mullen was incorrect in ruling that the harm to Mayfield outweighed the harm to NASCAR if he were not allowed to race.

“(The court) must focus on the substantial injury the injunction will cause the drivers who risk serious injury or death by racing next to Mayfield at speeds of more than 180 miles per hour, and the potential injury to teams and fans located just a few feet away from the track,” NASCAR argued in the motion.

“A stay will not “substantially injure” the interested parties — rather a stay will prevent substantial injury or even death to other drivers, teams, and any one of the millions of fans who attend NASCAR events each year.”