Jeremy Mayfield denies using methamphetamines, claims loss of sponsorship in filing

By Bob Pockrass - Associate Editor
Thursday, June 25, 2009
Jeremy Mayfield denies using methamphetamines, claims loss of sponsorship in latest court filing in lawsuit against NASCAR.  (Jeff Robinson / NASCAR Scene)

Jeremy Mayfield denies using methamphetamines, claims loss of sponsorship in latest court filing in lawsuit against NASCAR.

Jeff Robinson
NASCAR Scene

Suspended driver/owner Jeremy Mayfield denies that he has taken methamphetamines and says that because NASCAR has indefinitely suspended him for a failed drug test that he has lost the sponsorship of his race car and had to lay off 10 employees, according to documents filed in U.S. District Court on Thursday.

Both Mayfield and NASCAR filed several documents Thursday in preparation for a hearing next Wednesday on Mayfield’s request for a preliminary injunction to stop NASCAR from enforcing the suspension.

Mayfield was tested May 1 and suspended May 9. He filed a lawsuit against NASCAR on May 29, and NASCAR countersued him June 5.

Mayfield claims that a combination of Claritin-D taken for allergies and the prescription drug Adderall, taken for attention-deficit-hyperactivity disorder resulted in a false positive determination by Aegis Laboratories, which conducts the NASCAR testing program.

NASCAR claims that Mayfield had an additional illegal drug in his system, which it has not identified, but Mayfield indicated in an affidavit filed that he was suspected of having used methamphetamine.

“I have never taken methamphetamines in my life, and when accused of taking them, I immediately volunteered to give another urine sample,” Mayfield states in an affidavit that accompanies his brief in support of the injunction request. “Aegis refused my offer. … The Aegis drug test was erroneous. Their actions and those of NASCAR have eliminated my ability to show the test results were a ‘false positive.’”

With J.J. Yeley as its driver, Mayfield’s team competed in the NASCAR Sprint Showdown May 16 and attempted to make the Sprint Cup race the following week at Lowe’s Motor Speedway. It has not come to the track for the last four events and is not entered this weekend at New Hampshire Motor Speedway.

Mayfield’s motion indicated he would attempt to make the July 4 race at Daytona International Speedway if he obtains the injunction Wednesday.

“Mayfield has already been publicly accused, tried and convicted by NASCAR, even though he has done nothing wrong,” Mayfield’s motion states. “As a result, Mayfield and his race team have lost, and will continue to lose, crucial advertising, sponsorship, and business opportunities. … [His] sponsor now refuses to honor its commitments.

“Smaller corporate sponsors that Mayfield worked with successfully in the past will no longer do business with him either.”

Mayfield claims that NASCAR did not follow proper procedures and had no authorization to test his B sample and contends it should have been done in a laboratory independent of the testing of the A sample. NASCAR, in previous filings, stated that it does not have to follow the federal workplace guidelines as Mayfield contends and argues that its procedures are legal.

Dr. David Black, Aegis president, says in an affidavit filed by NASCAR that the B sample does not need to be tested in an independent laboratory from the A sample “because such a procedure in [sic] not a common practice for sports testing laboratories and testing the B-sample at a different laboratory would delay results and impair the ability of NASCAR to safely administer the sport of stock car racing.”

In its filing, NASCAR includes affidavits from drivers Jeff Gordon, Jimmie Johnson and Robby Gordon stating they are not “willing to put my life at risk driving a race car on a NASCAR track with drivers testing positive for drugs that diminish their capacity to drive a race car.”

“If NASCAR is forced to allow a drug user to race in its events, such driver may cause serious injuries, including fatalities, to NASCAR’s fans,” NASCAR Vice President of Racing Operations Steve O’Donnell said in an affidavit. “… It would take a simple lapse of judgment by a driver under the influence of a banned substance to create a catastrophic accident.”

Both sides have experts in the drug-testing field who have filed affidavits in support of their positions on the procedures. Mayfield does not include an affidavit from Harvey MacFenerstein, whom he used when he filed the suit May 29 but who has since said the wrong affidavit, which included inaccuracies in his background, was filed. Mayfield attorney John Buric has filed an affidavit explaining the history of the MacFenerstein affidavit.

Mayfield’s experts include New Mexico laboratory quality auditor Janine Arvizu and Ohio forensic toxicologist Harry Plotnick, who state that NASCAR did not follow proper testing procedures. It also includes affidavits from crew chief Tony Furr and others saying that Mayfield wasn’t impaired when he practiced May 1 at Richmond prior to taking the drug test.
 

Mentioned Drivers: Jeremy Mayfield

Comments

47 responses to "Jeremy Mayfield denies using methamphetamines, claims loss of sponsorship in filing". Post a Comment.
  1. 1
    Anonymous said:
    Jun 26, 2009 at 9:48 AM

    who is he trying to kid

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  2. 2
    gwen_susie388 said:
    Jun 26, 2009 at 10:27 AM

    I don't know if Mayfield is innocent or not. You can't fight City Hall and you can't fight NASCAR! Even if he is proven innocent, most will always believe he was guilty! Either way, he reputation is already ruined. If I was innocent, I would keep on fighting too!

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  3. 3
    gwen_susie388 said:
    Jun 26, 2009 at 10:28 AM

    I don't know if Mayfield is innocent or not. You can't fight City Hall and you can't fight NASCAR! Even if he is proven innocent, most will always believe he was guilty! Either way, he reputation is already ruined. If I was innocent, I would keep on fighting too!

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  4. 4
    Anonymous said:
    Jun 26, 2009 at 10:28 AM

    Cry baby cry.. Stick a finger in your eye !! You're OUT !! Time to move on, Jeremy... AND... Way to go Jeff Gordon, Jimmie Johnson and Robby Gordon stating they are not “willing to put my life at risk driving a race car on a NASCAR track with drivers testing positive for drugs that diminish their capacity to drive a race car.” WHY SHOULD THEY EVEN THINK OF HAVING TO DO THAT ???

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  5. 5
    Anonymous said:
    Jun 26, 2009 at 10:52 AM

    So crew chief, Tony Furr signed an affidavit stating that Mayfield wasn’t impaired when he practiced May 1 at Richmond prior to taking the drug test.. My goodness if Tony Furr is such a reliable source of intoxication and is able to detect who might be under the influence of drugs, then why does NASCAR even have to take drug tests at all ? Why don't they just ask Tony? If you ask me, the Mayfield's are really grasping at straws..

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  6. 6
    Anonymous said:
    Jun 26, 2009 at 12:30 PM

    “Smaller corporate sponsors that Mayfield worked with successfully in the past will no longer do business with him either.” What’s the key word in that sentence ? It’s "PAST".. It means that they no longer wanted to be associated with him or they would have still been before he got caught taking drugs. It’s just wishful thinking that the sponsors would jump back on his car when he started doing drugs, especially since they had already dumped him. Quite possibly Mayfield is finding out real fast that he’s not as popular as he thinks he is…

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  7. 7
    Anonymous said:
    Jun 26, 2009 at 1:11 PM

    We might never know the truth about this situation. I don't know who to believe.

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  8. 8
    debdawg007 said:
    Jun 26, 2009 at 1:24 PM

    If you take Jeremy at his word, there are still issues.

    1) the ADD drug he was on is BANNED by just about EVERY single sports governing body in the ENTIRE world. It's considered a big boy Performance Enhancing Drug for what it does to a person's concentration and stamina.

    2) what normal person would take 2, 24-Hour Claritan D pills at the same time? You are supposed to take 1 for a reason. If your allergies are so bad that 1 wont work, go see a doctor for a legal prescription. Taking 2, 24-Hour drugs is abuse of legal over-the-counter meds.

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  9. 9
    Dale said:
    Jun 26, 2009 at 1:40 PM

    debdawg007, I have to disagree with you on a couple of things. I also have allergies, my doctor has for years told me when I first start taking Claritin to take 2 the first day to help the medication get into my system. After the first day to then take 1 per day. I have had 2 doctors tell me this. Both when Claritin was a prescription medication as well as after it became an OTC medication. As to your assertion that the ADD medication is banned, sorry, a person has the right to use a properly prescribed medication for a diagnosed medical condition. Such a legitimate use of a medication is allowed and can not be banned.

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  10. 10
    bkurtis122 said:
    Jun 26, 2009 at 1:42 PM

    I feel bad for anyone with drug abuse issues,but Nascar is doing the right thing. At 200 mph there is just too much at stake to allow even the smallest infraction to slip by. For Mayfield its too late to try to save his racing career-but this has afforded him the chance to save his own life from the horrors that would ensue with continued abuse of drugs. I wish him the best and FAIRWELL!

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  11. 11
    Timothy Schultze said:
    Jun 26, 2009 at 3:02 PM

    Anybody that uses anonymous is an imbecile especially when you have to use 5 post to try to prove your point REALLY hard to beat an organization such as NASCAR AND THE DRIVERS NEVER actually named Jeremy mayfield they just stated that they should not be put in the position nor should anybody with that said the courts will decide this matter not anonymous

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  12. 12
    motorsportsphotography said:
    Jun 26, 2009 at 3:30 PM

    does it really matter, His racing career is over. NASCAR is a privately owned company and if they don't want him to race. They slap him with a restraining order banning him from all the properties. its that simple. he has lost already and it hasn't even made it to court. He needs to just get a job and forget about NASCAR

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  13. 13
    Anonymous said:
    Jun 26, 2009 at 3:53 PM

    I believe Jeremy. To say that NASCAR is so big that he can't win is crazy. NASCAR is NOT invincible. Many big companies have lost out to the truth.

    ADD medication is not banned. A person has the right to use a properly prescribed medication for a diagnosed medical condition. Such a legitimate use of a medication is allowed and can not be banned.

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  14. 14
    motorsportsphotography said:
    Jun 26, 2009 at 4:09 PM

    He didn't get suspended because of his medication for ADHD. he was suspended for methamphetamine. which is illegal in all 50 states.

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  15. 15
    gwen_susie388 said:
    Jun 26, 2009 at 4:09 PM

    Dale #10, I agree with you on your comment.....MSP, it matters to him if he is not guilty! You are right his career is over. His reputation is ruined. And like I said before, you can't fight NASCAR and win! It just reminds me to much of people going to court that are innocent. If they have two or more allegations against them, most juror's will find you guilty on at least one of those. Meaning pleading guilty will get you a lesser sentence! If you don't believe me, go sit in a court room,(at least 20 times or more)talk to lawyers and ask them why innocent people plead guilty. It's really sad!

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  16. 16
    Anonymous said:
    Jun 26, 2009 at 4:21 PM

    he's screwed by nascar ,it doesn't have anything to do with the outcome ,he'll never get another sponsor! the people saying he is guilty without a trial are the problem with AMERICA now! the law states he is innocent till proven guilty. when you make statenents like you have ,you are just undermining the foundation of this country! WE DON'T NEED THAT!!!!!!!!!!!!!!!!!!!!!!!!!

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  17. 17
    Anonymous said:
    Jun 26, 2009 at 4:23 PM

    gwen i've seen it happen,you're right

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  18. 18
    Anonymous said:
    Jun 26, 2009 at 4:24 PM

    my name is bill i posted 17 & 18

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  19. 19
    Anonymous said:
    Jun 26, 2009 at 4:30 PM

    Timothy Schultze said: Anybody that uses anonymous is an imbecile ..I say Schultze is an imbecile because he doesn’t know how to use punctuation when making a statement. So, DUH to both Timothy and Jeremy ! Anonymous #14 said a person has the right to use a properly prescribed medication for a diagnosed medical condition. Such a legitimate use of a medication is allowed and can not be banned. I say that a driver most certainly can be banned if NASCAR deems his medication impairs his driving. So, DUH to #14 too !

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  20. 20
    Anonymous said:
    Jun 26, 2009 at 4:34 PM

    #16 stated that if they have two or more allegations against them, most juror's will find you guilty on at least one of those. Why not ? Probably 98% of them are guilty ! They wouldn't be in court if they hadn't gotten caught !! Once a low life, always a low life..

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  21. 21
    gwen_susie388 said:
    Jun 26, 2009 at 5:06 PM

    #21 Anonymous, you are wrong! You are so wrong!! Did you know that you, your self could just be some where, and not even know what is going on around you? It has happened many times. You could have four or more allegation's against you just because you were there. Do you know how lawyers pick a jury? It's according to what the case is of course. In a lot of cases, they look to see how people are dressed! Lawyer's will pick people who dress poorly, lower paid people according to what you say you do for a living, people who have sort of been in that situation before. They will pick people according to a bumper sticker on your vehicle and how it reads.They want people who they think will play follow the leader! In other cases, they want highly educated people, well dressed people that have never been in trouble with the law what so ever, not even a speeding ticket. If I ever had to go to court my self, I would hope and pray that you were not one of my juror's.

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  22. 22
    motorsportsphotography said:
    Jun 26, 2009 at 5:28 PM

    You are all talking about jury's and everything else. This civil case probadly isn't going to be determined by a jury. It will probadly be determined by a Judge alone. And it doesn't matter, he failed a drug test for a illegal drug. Period.

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  23. 23
    gwen_susie388 said:
    Jun 26, 2009 at 5:34 PM

    MSP, I was commenting on what #21 anonymous said. I wasn't referring to Mayfield's case.

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  24. 24
    Anonymous said:
    Jun 26, 2009 at 6:17 PM

    Wake up little Susie... You wrote, “Lawyer's will pick people who dress poorly, lower paid people according to what you say you do for a living, people who have sort of been in that situation before. They will pick people according to a bumper sticker on your vehicle and how it reads.” You know what ? That’s such a bunch of B.S. and you know it.. Do you really think that the lawyers run outside and look at cars parked in the parking lot to see if they have bumper stickers on them that might suggest the mentality of a potential juror? Have you ever been selected for a hearing? I have and I can tell you right now that you are given a JUROR NUMBER… (i.e. I’m JUROR #158, not by my real name Anonymous # 20).. You sit in a room for a week while they ask each and every juror the same questions over and over on each case that is coming up… Questions such as “do you know the defendant”? Have you ever been in an automobile accident and been denied insurance, or do you have someone who is close to you who has been in an automobile accident and been denied insurance? Do you have any family members who are in law enforcement or know of someone who is close to you who is in law enforcement, ? “ Those questions go on and on for hours until they finally get the jurors they need.. IF someone was in a situation such as the person who is on trial, then they aren’t qualified or selected. IF they lie about it, then that would be grounds for a mistrial. The judge asks the questions and the lawyers just sit at a table and listen. When I went, they never asked us where we worked or how much we made or anything like that. Sorry MSP for the long read… This is for Little Susie…

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  25. 25
    Anonymous said:
    Jun 26, 2009 at 6:19 PM

    Where's my post ?

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  26. 26
    Anonymous said:
    Jun 26, 2009 at 6:19 PM

    Wake up little Susie... You wrote, “Lawyer's will pick people who dress poorly, lower paid people according to what you say you do for a living, people who have sort of been in that situation before. They will pick people according to a bumper sticker on your vehicle and how it reads.” You know what ? That’s such a bunch of B.S. and you know it.. Do you really think that the lawyers run outside and look at cars parked in the parking lot to see if they have bumper stickers on them that might suggest the mentality of a potential juror? Have you ever been selected for a hearing? I have and I can tell you right now that you are given a JUROR NUMBER… (i.e. I’m JUROR #158, not by my real name Anonymous # 20).. You sit in a room for a week while they ask each and every juror the same questions over and over on each case that is coming up… Questions such as “do you know the defendant”? Have you ever been in an automobile accident and been denied insurance, or do you have someone who is close to you who has been in an automobile accident and been denied insurance? Do you have any family members who are in law enforcement or know of someone who is close to you who is in law enforcement, ? “ Those questions go on and on for hours until they finally get the jurors they need.. IF someone was in a situation such as the person who is on trial, then they aren’t qualified or selected. IF they lie about it, then that would be grounds for a mistrial. The judge asks the questions and the lawyers just sit at a table and listen. When I went, they never asked us where we worked or how much we made or anything like that.

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  27. 27
    Werner said:
    Jun 26, 2009 at 6:42 PM

    Mayfield claims that he has been..."publicly accused, tried and convicted by NASCAR"...seems so have his corporate sponsors..."Smaller corporate sponsors that Mayfield worked with successfully in the past will no longer do business with him either.”...too much drama in this story....

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  28. 28
    gwen_susie388 said:
    Jun 26, 2009 at 7:05 PM

    ANONYMOUS #27..I don't know where you live and I did say it was according to what case you are on, but you can believe that is the way it works here! I'm not talking about Federal Courts.But Local and State Courts. Of course Lawyers don't run out and look. They ask if anyone has bumper stickers on their vehicles. For instance, if the case is against a drunk driver... you can bet one lawyer wants a Mother out there that has a M.A.D.D. sticker (Mothers against drunk drivers.) They also want to know who has never drank alcohol and you can bet one lawyer will get that person too. The cases here are done one at a time and then the appropriate question's are asked. If a person has been in that situation before, I have seen them picked many times. A friend of mine didn't want to be picked and they asked if anyone knew the lawyers or had ever used either lawyer for personal reasons. She answered that she use to work for one of them. She was so relieved that she wouldn't be picked. Guess what? She was picked. lol Yes, what I said about how people are dressed is a big factor! When you receive the letter that you are called for jury duty......you have to fill out a questionnaire and on there are a lot of questions, such as where you work, and so on and so on. You can take my word on it... that is the way it works in the state I live in. It is not BS. I like that song, Wake up little Susie! lol

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  29. 29
    SS396Chevelle said:
    Jun 26, 2009 at 7:25 PM

    I agree with Gwen, just look at the jury in the OJ case.

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  30. 30
    libra26 said:
    Jun 26, 2009 at 7:36 PM

    Just like us "You can't put other peoples lives at risk" what ever you took.

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  31. 31
    libra26 said:
    Jun 26, 2009 at 7:38 PM

    Just like us "You can't put other peoples lives at risk" what ever you took and get behind the wheel of a car.

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  32. 32
    vettedude1950 said:
    Jun 26, 2009 at 9:41 PM

    I'm not a fan of Mayfield, but I really don't like NASCAR! I hope Jeremy gets enough money out of them that he won't ever have to worry about racing again. NASCAR lost the suit brought by the black female official for harassment and they can lose this one, too! They don't mind ruining race teams. Years ago Eel River with Barry Dotson went out of business because NASCAR wouldn't allow them to be sponsored by Crown Royal. Later NASCAR allowed Crown Royal to sponsor the IROC series (when it benefited NASCAR's bank account) and now alcohol sponsorship is everywhere. Where is Barry's team?

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  33. 33
    Dale said:
    Jun 26, 2009 at 10:07 PM

    Hi gwen_susie388, I agree with you about jury duty and the information gathered about potential jurors. The attorneys know quite a bit about the people called.

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  34. 34
    Kimba said:
    Jun 26, 2009 at 10:24 PM

    for some reason my name doesn't come up anymore, even when I log in. Anyhow, Gwen, I agree 100% with you about the picking of jurors. I got called for a picking and when they asked where I worked, (in powdered metal making car parts) guess what the case was?? Someone sueing a POWDERED METAL PLANT for some strange reason. I got picked, luckily they settled out of court. So yes they do pick who they want by asking certain questions that appeal to their needs!!

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  35. 35
    gwen_susie388 said:
    Jun 26, 2009 at 10:25 PM

    Thank you Dale:-)

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  36. 36
    Kimba said:
    Jun 26, 2009 at 10:25 PM

    it says "you" said on my comment preview, what is going on, now my post has my name, not before it is posted though!!

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  37. 37
    gwen_susie388 said:
    Jun 26, 2009 at 10:32 PM

    Thanks Kimba and anyone else who knows how they do things in Court Rooms. (smile)

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  38. 38
    juliekhoward said:
    Jun 26, 2009 at 10:44 PM

    Mayfield stated that he missed the window of opportunity for the retest. This is not true. He could submit to a hair follicle test. It is performed in Federally approved labs and an inch of hair can go back 6 months. These same labs can determine if certain "legal" drugs can show a false positive. Alot of the asthma and allergy medicines do show false positives. The measurement used to determine the level in the sample also will reflect whether the person is a casual user or not. How many meth users are "one time Charlies"? Point being, if he tested positive or false positive the level should determine usage. One would not think that he would use the combination all the time. One thing is for sure, Nascar or Mayfield is wrong. Hopefully if someone's life gets ruined, its by their own doings and not wrongful accusations.

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  39. 39
    Anonymous said:
    Jun 27, 2009 at 1:10 PM

    When I was in court for jury duty we were asked if we could be fair and impartial even if we had similar incidents happened to us or to someone who was close to us.. IF someone isn’t truthful and denies that they are prejudiced or discriminatory, then they will end up with a biased jury… There are idiots everywhere and if jurors can’t see that it’s a crime for Mayfield to race with drugs in his system, then NASCAR will pay…? (Jeremy has the right to drive while impaired because of his ADHD condition, eh ) NOT !! Anyway, you can be sure that NASCAR has insurance that will cover any settlement, but should Jeremy ever be allowed to race again, then who is going to be held responsible for not keeping the other drivers save while Mayfield is out there driving while under the influence of drugs? (Let’s hold those jurors who awarded him the unmerited settlement!! This case is NOT the same as the black woman who sued NASCAR. She did have some legitimate issues as far as the law is concerned.

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  40. 40
    Anonymous said:
    Jun 27, 2009 at 4:46 PM

    This whole thing has become even more laughable with the Jeffie, Jimmie, and Robby affidavit. If there's three drivers who I couldn't care less what they think it's them. Except for maybe Kyle Busch. NASCAR is just trying to keep Jeremy out like they are for most all small, independent teams. It's just brilliant that they would pick the 3 NASCAR puppets to testify on behalf of NASCAR.

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  41. 41
    Anonymous said:
    Jun 27, 2009 at 4:49 PM

    If anyone saw Montreal 2007 or Chicago 2006, you'll know exactly what I mean.

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  42. 42
    gwen_susie388 said:
    Jun 28, 2009 at 8:12 AM

    I'm not without sin. And I AM a Dale, Jr. Fan, so let's get this straight right now! I like innocent until proved guilty. I can promise you if Dale, Jr. was proved guilty, (and I said proved guilty)I would be very upset with him and say get him off the race track NASCAR! I don't think NASCAR should exclude alcohol either! Many people have been killed by drunk driver's or driver's with just a little to much to drink. Every time a driver wrecks, or wrecks someone out, they should be given a drug test immediately. That's the way it is where my husband works. One guy was not even in his vehicle and someone bumped into him and he had to go right then and have a drug test done! I've said all this, to say this.....No matter who you are, if you are on drugs, NASCAR has no place for you!

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  43. 43
    Werner said:
    Jun 28, 2009 at 8:40 AM

    #44...i'll chose the sober driver anyday over the drunk or medicated driver...

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  44. 44
    Anonymous said:
    Jun 28, 2009 at 7:59 PM

    I refuse to believe that a Jeremy is guilty of any wrongdoing. All he did was take the medications his physicians prescribed for the conditions with which he was diagnosed. How many of us take more than one prescription medicine each day? We don't give it much thought because we have faith in the physicians and pharmacists who provide our care. Until someone can convince me that the prescription medications Jeremy reported he was taking could not possibly have produced a false positive response on a drug test, I stand firmly on Jeremy Mayfield's side.

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  45. 45
    Anonymous said:
    Jun 28, 2009 at 10:27 PM

    THe first thing I would like to see is ALL of you Anonymous people be FORCED to get SOME kind of name. It doesn't have to be your real name or nickname, just a name to distinguish you one from the other. - - - Also, we are still in America, whether NASCAR believes it or not, and THAT means we ARE innocent UNTIL proven guilty. PERIOD!!! - - - And ANY of you who spout differently here on this thread or any other, NEED to be banned from here.
    - - - Nuff Said.

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  46. 46
    Anonymous said:
    Jul 8, 2009 at 6:19 PM

    So, ANONYMOUS #45, you would like to see us all be forced to get some kind of name, but it's okay if you don't use yours ?? Kinda like calling the kettle back, wouldn't you say ? Carry on ...He's guilty !! Why else would he save his stupid head EVERY SINGLE WEEK ??

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  47. 47
    Anonymous said:
    Jul 8, 2009 at 6:21 PM

    Wooops, I meant to say SHAVE his head, not SAVE his head every week... You know who I'm talking about... Dope boy !

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2009 Sprint Cup Race for the Chase Standings

Driver Standings after the AMP Energy 500

1 Jimmie Johnson 6248
2 Mark Martin -184
3 Jeff Gordon -192
4 Juan Pablo Montoya -239
5 Tony Stewart -279
6 Kurt Busch -312
7 Greg Biffle -340
8 Ryan Newman -402
9 Kasey Kahne -414
10 Carl Edwards -437
11 Denny Hamlin -448
12 Brian Vickers -556

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