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Hmiel admits to positive tests for marijuana, cocaine
By Bob Pockrass
Wednesday, August 16, 2006
In trying to collect his salary from last season, banned driver Shane Hmiel has had to admit that he violated NASCAR's substance abuse policy with a positive test for marijuana in 2003 and a positive test for marijuana and cocaine in 2005, this week's NASCAR Scene reports.
Hmiel was suspended by NASCAR from September 2003 to January 2004 for the first failed test and then indefinitely after the second failed test in late May 2005. He was "suspended for life" after a third failed test, which was announced in February 2006.
NASCAR does not reveal the drugs that a driver tests positive for. In interviews after he returned from the first suspension, Hmiel declined to identify the drug he tested positive for.
The admissions came in a filing in Hmiel's lawsuit against Busch Series team owner Todd Braun. Hmiel wants his paycheck for the time he drove for Braun in 2005 up until the time he was suspended in June 2005.
According to the complaint, Hmiel says he is owed $135,513 for the races he drove and another $135,513 for bad faith dealings by Braun.
As part of the lawsuit process, Hmiel had to answer questions from Braun, and those answers were filed last month in North Carolina court. Braun alleges that Hmiel knowingly and fraudulently signed a contract without revealing his physical condition.
To prove that, Braun's attorneys asked for Hmiel to submit answers to pointed questions. In those answers, Hmiel admitted to using illegal drugs. He admitted that he "may have used marijuana on a regular basis" prior to September 2003, when he failed the first NASCAR test. He denied he was using drugs on a regular basis (at least once a week) in 2005.
Braun asked if Hmiel had tested positive for heroin at any time from 2003-2005, and Hmiel denied that he had.
In the filing, Hmiel attests that he was not under the influence of any drug at any time while he was racing, although admits the drugs were in his system.
A message left Aug. 13 on Hmiel's cell phone was not returned.
Hmiel, the son of Dale Earnhardt Inc. technical director Steve Hmiel, won one Craftsman Truck Series race in his career. He had 29 truck starts, 89 Busch Series starts and seven Nextel Cup starts.
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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