Mayfield hearing on drug test postponed
Driver sued NASCAR alleging he was wrongly suspended on May 9.
Tuesday, Jun. 02, 2009
AP
In this Feb. 7, 2008, file photo, NASCAR driver Jeremy Mayfield poses for photos at media day in Daytona Beach, Fla. Mayfield has been suspended indefinitely after failing a random drug test. (AP Photo/J. Pat Carter, File)
A court hearing for the lawsuit driver/owner Jeremy Mayfield filed against NASCAR has been postponed.
Mayfield sued NASCAR last week alleging he was wrongly suspended May 9 for violating the sport's substance abuse policy. A judge set a hearing scheduled for today.
But attorneys for NASCAR filed a motion Tuesday to move the hearing to federal court from Mecklenburg County Superior Court.
Federal Judge Graham Mullen has been assigned the case, court records show. No new hearing date has been set, said Paul Hendrick, attorney for NASCAR.
In court documents, NASCAR argued the case should be heard in federal court because the litigants reside in different states and Mayfield seeks damages exceeding $75,000.
Mayfield is the first driver in the sport's top division to be suspended under a new drug-testing policy. Attorneys for NASCAR have said he tested positive for a “dangerous illegal” drug, but Mayfield said he does not abuse drugs.
Mayfield's suit alleges NASCAR did not follow proper testing procedures and failed to give him a chance to prove his innocence.
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