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NASCAR submits affidavits by Jimmie Johnson, Jeff Gordon, Robby Gordon in support of drug testing policy
In addition to Mayfield's Thursday filings, NASCAR filed paperwork which included affidavits signed by drivers Jeff Gordon, Jimmie Johnson and Robby Gordon in support of NASCAR's drug testing policy. Those affidavits were signed on May 29 and were entered into court documents yesterday.
One of the points NASCAR always makes is that its drug testing policy is supported by its drivers and it's not just a talking point. Most of the drivers are very much in favor of keeping impaired drivers off the track. These affidavits seek to put that on the record.
All three documents were mostly identical and ended with the following two points:
5. I make my livelihood by racing in NASCAR events. Racing is my life and career. However I am not willing to put my life at risk driving a racecar on a NASCAR track with drivers testing positive for drugs that diminish their capacity to drive a racecar. I support NASCAR's Substance Abuse Policy and depend on NASCAR to prohibit drivers who don't abide by the policy from racing.
6. If drivers are on the track in violation of NASCAR's Substance Abuse Policy, it presents serious questions as to whether or not it makes sense for me to put my life at risk
One of the points NASCAR always makes is that its drug testing policy is supported by its drivers and it's not just a talking point. Most of the drivers are very much in favor of keeping impaired drivers off the track. These affidavits seek to put that on the record.
All three documents were mostly identical and ended with the following two points:
5. I make my livelihood by racing in NASCAR events. Racing is my life and career. However I am not willing to put my life at risk driving a racecar on a NASCAR track with drivers testing positive for drugs that diminish their capacity to drive a racecar. I support NASCAR's Substance Abuse Policy and depend on NASCAR to prohibit drivers who don't abide by the policy from racing.
6. If drivers are on the track in violation of NASCAR's Substance Abuse Policy, it presents serious questions as to whether or not it makes sense for me to put my life at risk
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rgadvt.pdf, 32 KB
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Replies to This Discussion
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Permalink Reply by TOG on
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I am sure if Dale Jarrett was still racing, he would have been first in line to sign. Flashbacks of Bristol and his encounter with Shane Hmiel under the red flag come to mind.
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Permalink Reply by alan4s on
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A week or two ago, a radio DJ took both Claritin-D and that ADHD drug Mayfield took, and had himself tested. The test showed positive for Meth. Now I wouldn't say that a DJ's stunt fits the bill as a scientifically controled experiment, but it does make it seem at least possible that Mayfield's test was an error.
The major problem I see was how this was handled by both NASCAR and the testing lab. They should have been completely silent on the issue, and they should have handled the "B" sample better. Unfortunately there's no way to confirm or refute that test anymore, since the samples have both been used.
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Permalink Reply by Dave-O on
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Mayfield is not going down easy on this one, and it'll probably cost him everything if he can't win. Should he fail to prove he didn't take meth NASCAR should have an easy time winning the counter suit, plus costs, and bleed Mayfield dry.
THe reasoning on the false-positive makes sense, but I'm not a chemist or a doctor. I hope Mayfield was clean, for his sake.
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I don't think Mayfield has to prove he didn't take meth, and, in fact, it's impossible for him to prove he didn't. What he can do is prove that the test administered is not always 100% accurate, and that a resonable combination of legal drugs that he does take could turn up a false positive.
NASCAR, and the testing agency, on the other hand need to prove that the testing procedure is sound, and that any false positives are so statistically unlikely as to be virtually impossible.
My prediction is that a settlement is reached. Mayfield quietly goes away to do something other than racing, and the testing procedure is modified to plug any holes.
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Permalink Reply by Beagle7 on
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+1 :) In addition Nascar cannot win their counter suit, all they can do is bleed Mayfield dry with lawyer fees tryign to defend what is mostly a frivilous coutner suit by Nascar.
It really is friggin lawyering 101..
"NASCAR filed a countersuit against Jeremy Mayfield on Friday, accusing the suspended Sprint Cup driver of willfully violating the substance abuse policy, breach of contract and defrauding competitors of earnings. The suit stated that Mayfield knowingly participated in sanctioned competition using a combination of drugs in violation of the substance abuse policy that he agreed to follow. "And in doing so violated his contract with NASCAR and the standards of care for other drivers," NASCAR spokesman Ramsey Poston said from Pocono Raceway. Mayfield was suspended on May 9 for violating NASCAR's substance abuse policy after failing a random drug test taken a week earlier"
You cant sue if you haven't suffered any damages!!!! Nascar has suffered no monetary loss and cannot show that they have.
Oh wait..the brain trust at Nascar has said this...
"The suit also said Mayfield earned more than $150,000 in those races that would have gone to other competitors. Poston pointed to the loss of income by other competitors when asked if NASCAR sought financial damages in the suit."
Yes..those are damages potentially suffered BY THE DRIVER WHO MISSED THE RACE... NOT NASCAR!! LMAO Nascar would have paid out those monies anyway. NO DAMAGES!!!!!
And also..you CANNOT SUE on behalf of the aggreievd party..you do not have STANDING Nascar!!!!! These drivers are independant contractors. Now the 44th car each week that Mayfield made miss could sue Mayfield for the prize money if they wanted to..but good luck with that ...lol.
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Permalink Reply by FlyHiFlyLo on
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Wait till you see my nuts. Everyone likes my nuts.
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